Md. Aftab Darzee and Anr. v. The State Of Bihar
Case brief
What is this about?
The High Court at Patna dismissed an application for pre-arrest bail filed against accused in a dowry death case involving Sections 304-B and 326-A IPC.
The High Court at Patna dismissed an application for pre-arrest bail filed against accused in a dowry death case involving Sections 304-B and 326-A IPC.
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.2982 of 2016
Arising Out of PS.Case No. -40 Year- 2015 Thana -KANHAULI District- SITAMARHI ====================================================== 1. MD. AFTAB DARZEE Son of Sagir Dargi 2. Sabira Khatoon Wife of Sagir Dargi both are Resident of Vilage- Bagha, P.S.- Kanhauli, District Sitamarhi. .... .... Petitioner/s Versus 1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Alok Kumar Jha For the Opposite Party/s : Mr. M.Dayal (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 5 13-04-2016 Heard learned counsel for the petitioners and learned counsel for the State.
The petitioners seek pre-arrest bail in connection with Kanhauli P.S. Case No. 40 of 2015 registered under Sections 304-B and 326-a/34 of the Indian Penal Code.
Regard being had to the gravity of the offence as also the allegation that the daughter of the informant was killed in her matrimonial home within one year of her marriage for nonfulfillment of demand of dowry and the autopsy report reveals ante-mortem burn injuries on the body of the deceased, I am not inclined to grant pre-arrest bail to the petitioners. Accordingly, the application is dismissed.
(Ashwani Kumar Singh, J) Pradeep/U T
1 issue framed by the court
Whether pre-arrest bail is maintainable in a case involving dowry death alleging demand of dowry and ante-mortem burn injuries.
1 provisions across 1 enactments
Md. Aftab Darzee
Sabira Khatoon
The State of Bihar
Ashwani Kumar Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court