In an oral order dated 08-02-2016, the Patna High Court rejected a bail application in a dowry death case. Acknowledging grave circumstances involving alleged torture, the court held that given the serious allegations and prosecution evidence, the petitioner was not entitled to bail.
Prayer for bail was rejected.
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.42322 of 2015 Arising Out of PS.Case No. -96 Year- 2013 Thana -DESARI District- VAISHALI(HAJIPUR) ====================================================== 1. Ranvir Singh son of Chanarik Singh, resident of village Chakmahmad Police Station Desari, District Vaishali. .... .... Petitioner/s Versus 1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Prabhat Kumar For the Opposite Party/s : Mr. Smt. Rita Verma(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 10 08-02-2016 Heard learned counsel for the petitioner and learned Additional Public Prosecutor representing the State. The petitioner seeks bail in connection with Desari P.S. case No. 96 of 2013 registered for the offences punishable under sections 304B/34 of the Indian Penal Code. Pinki Devi, the daughter of the informant, was married to the petitioner one year ago and due to non fulfillment of demand of motor cycle and gold chain she was being assaulted and tortured by the petitioner and other in-laws and ultimately she was either poisoned to death or was strangulated to death. Submission is of false implication and that there was cordial relation between the petitioner and his wife, wife of the petitioner suffered from diarrhoea and vomiting and she was
Patna High Court Cr.Misc. No.42322 of 2015 (10) dt.08-02-2016
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brought to a poly clinic where during the treatment she died, the parents of the victim were informed and then they reached there but being annoyed with the death lodged this false case, charge sheet has already been submitted, there is no chance of tampering with the evidence and, as such, the petitioner deserves sympathetic consideration.
Learned A.P.P. opposes the prayer for bail by submitting that the petitioner is the husband and from photo copy of post mortem report it reveals that one abrasion was found on the lower lip of the deceased and all the witnesses have supported the allegation for demanding dowry by the petitioner.
In the facts and circumstances stated above considering the allegation attributed against the petitioner, which is serious in nature, this court is not inclined to enlarge the petitioner on bail and, accordingly, such prayer is rejected.
(Jitendra Mohan Sharma, J)
BKS/-
U T
1 issue framed by the court
Whether the petitioner deserves bail in a dowry death case under sections 304B/34 IPC.
1 provisions across 1 enactments
Ranvir Singh
The State of Bihar
Jitendra Mohan Sharma
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
