In a spousal dowry death case under Section 304-B IPC, the Patna High Court rejected the petitioner husband's plea for anticipatory bail, holding him responsible for the unnatural death of his wife and noting an attempt to tamper with evidence.
Petition for anticipatory bail rejected; petitioner is not a fit case for the grant.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.12734 of 2016
| Arising Out of PS.Case No. -90 Year- 2015 Thana -PATEPUR District- VAISHALI(HAJIPUR) ====================================================== Pankaj Kumar Rai Son of Sri Ram Chandra Rai, Resident of Village- Dehduea Kasturi Sarai, P.S.- Patepur, District- Vaishali. .... .... Petitioner/s Versus The State of Bihar .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Niraj Kumar For the Opposite Party/s : Mr. Vinod Shankar Modi(App) ====================================================== |
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CORAM: HONOURABLE MR. JUSTICE KISHORE KUMAR MANDAL ORAL ORDER |
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| 3 | 25-05-2016 Heard the counsel for the petitioner and the APP for the |
| State. | |
| The husband of the victim is facing prosecution under | |
| section 304-B ILPC lodged by the brother-in-law. The allegation is that the victim was married to the petitioner in 2012 whereafter she was being tortured on account of non-fulfilment of the demand of dowry. She was done to death in the mysterious circumstances |
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| while staying in the matrimonial home. |
The contention of the petitioner is that she died a natural death. She was afforded medical care/assistance. The mother-inlaw and the father-in-law have been granted anticipatory bail. it is also submitted that the complainant/informant later filed an application in the court absolving the petitioner of the allegation.
Patna High Court Cr.Misc. No.12734 of 2016 (3) dt.25-05-2016
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Learned APP opposed the prayer and submitted that the petitioner being the husband has to take the responsibility of the unnatural death of his wife in the matrimonial home. There has been attempt to tamper with the evidence.
Considering the allegation contained in the FIR and other materials reflected from the records, I do not find it a fit case for grant of anticipatory bail. The prayer is accordingly rejected.
(Kishore Kumar Mandal, J)
HR/-
U T
2 issues framed by the court
Whether the petitioner is a fit case for grant of anticipatory bail in offences under Section 304-B IPC.
Whether the unnatural death of the victim wife constitutes a ground to reject the bail prayer.
1 provisions across 1 enactments
Pankaj Kumar Rai
The State of Bihar
Kishore Kumar Mandal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
