Santosh Chaudhary @ Santosh Kumar v. The State Of Bihar
Case brief
What is this about?
The High Court of Patna addressed a bail application by a petitioner accused of offences under the IPC and Dowry Prohibition Act. The court considered conflicting evidence regarding the cause of death but rejected the application, finding insufficient support for a suicide theory and dismissing the plea for anticipatory bail.
What did the court decide?
The petition for anticipatory bail was rejected.
What the court decided
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.19939 of 2016
Arising Out of PS.Case No. -358 Year- 2015 Thana -KHIJARSARAI District- GAYA ====================================================== Santosh Chaudhary @ Santosh Kumar, son of Bijay Chaudhary, resident of Village-Beldari, P.S.-Khizarsarai, District-Gaya .... .... Petitioner/s Versus The State of Bihar .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Baxi S.R.P. Sinha, Sr. Advocate Mr. Arvind Kumar, Advocate For the Opposite Party/s : Ms. Sangita Sharma (APP) ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 3 04-08-2016 Heard Mr. Baxi S.R.P. Sinha, learned Senior counsel for the petitioner and the learned counsel appearing on behalf of the State.
The petitioner is apprehending his arrest in connection with Khizarsarai P.S. Case No.358 of 2015 for allegedly having committed the offence under Section 302/34 of the Indian Penal Code and Section 3/4 of the Dowry Prohibition Act, which is pending in the court of learned Additional Chief Judicial Magistrate (ACJM)- III, Gaya.
Case diary in the present case was called for, which has since been received.
Learned counsel for the petitioner submits that in the present case, the victim girl had committed suicide, which stands testified by the post-mortem report. Learned counsel
Patna High Court Cr.Misc. No.19939 of 2016 (3) dt.04-08-2016
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Issues for consideration
2 issues framed by the court
Whether anticipatory bail should be granted to the petitioner apprehending arrest in a case alleging suicide following dowry-related disputes.
Whether the circumstances of the death, including the history of torture, warrant a presumption of suicide rather than suicide as a fact.
Parties & counsel
- petitioner
Santosh Chaudhary @ Santosh Kumar
- respondent
The State of Bihar
Coram
Anjana Mishra
Case details
As recorded by the court registry
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