This is a criminal miscellaneous appeal concerning an application for pre-arrest bail under Sections 304 B and 201 IPC. The High Court rejected the plea due to the gravity of the offence involving dowry death.
Application for anticipatory bail 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.57705 of 2015
Arising Out of PS.Case No. -152 Year- 2012 Thana -SAKRA District- MUZAFFARPUR
====================================================== Vijay Rai Son of Late Bramhdeo Rai R/o Village Mirapur Tole Mohanpur Near Cycle Chowk, P.S. Sakra, District Muzaffarpur
.... .... Petitioner
Versus The State of Bihar .... .... Opposite Party ====================================================== Appearance : For the Petitioner/s : Mr. Jay Prakash Sharma, Advocate For the Opposite Party/s : Mr. S.Dayal, APP
====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER
2 29-01-2016 Heard learned counsel for the petitioner and learned counsel for the State.
The petitioner seeks pre-arrest bail in connection with Sakra P. S. Case No. 152 of 2012 registered under Sections 304 B and 201/34 of the Indian Penal Code.
Regard being had to the gravity of the offence and the allegation that the wife of the petitioner was killed in her marital home within three years of her marriage for non-fulfilment of demand of dowry, I am not inclined to grant anticipatory bail to the petitioner. Accordingly, the application for anticipatory bail is rejected.
(Ashwani Kumar Singh, J.)
Kanchan/-
U T
2 issues framed by the court
Whether anticipatory bail should be granted to the petitioner in a dowry death case.
Whether the gravity of the offence under Section 304 B IPC precludes bail at this stage.
3 provisions across 1 enactments
Vijay Rai
The State of Bihar
Ashwani Kumar Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
