High Court of Patna dismissed an application for bail from a petitioner accused under Section 304(B) IPC for dowry-related death. The court rejected the plea due to active participation allegations.
Bail application rejected; petitioner to remain in custody pending trial.
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IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.20544 of 2016
Arising out of P.S.Case No. -24 Year- 2015 Thana -HARNAUT District- NALANDA (BIHARSHARIFF) ====================================================== Rajnish Ram, son of Krishna Ram, Resident of Village/Mohalla- Gosain Bigha, P.S.- Harnaut, District- Nalanda .... .... Petitioner/s Versus The State of Bihar .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Ritesh Kumar, Adv. Mr. Pramod Kumar, Adv. For the State : Mr. C. Jawahar, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 3 20-07-2016 Heard learned counsel for the petitioner and learned counsel for the State. The petitioner is languishing in custody since 17.6.2015 in connection with Harnaut (Chero) P.S. Case No. 24 of 2015 for the offences instituted under Sections 304(B), 201 and 34 of the Indian Penal Code.
The accusation is of killing the daughter of the informant for non-fulfilment of dowry demand by the accused persons by pouring kerosene oil and set fire upon her. It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. The petitioner is in custody since 17.6.2015 and the charge sheet has been submitted
Patna High Court Cr.Misc. No.20544 of 2016 (3) dt.20-07-2016
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in the present case. There is no allegation of tempering with the evidence in the present case nor there is direct or indirect evidence against the petitioner. He has falsely been implicated in the present case.
case.
On behalf of the State it has been submitted that the petitioner is named in the First Information Report and he is the husband of the deceased. He has actively participated in the alleged occurrence.
Considering the aforesaid facts and circumstances, I am not inclined to grant bail to the petitioner. The same is rejected in connection with Sessions Trial No. 445 of 2015 arising out of Harnaut (Chero) P.S. Case No. 24 of 2015 pending before the 7th Additional Sessions Judge, Nalanda at Bihar Sharif.
(Sudhir Singh, J)
S.Ali/-
U T
1 issue framed by the court
Whether bail should be granted to a petitioner with no criminal antecedent accused of dowry-related death.
1 provisions across 1 enactments
Rajnish Ram
The State of Bihar
Sudhir Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
