Petitioner sought bail in a Section 304B IPC case alleging dowry death. The court rejected the plea, noting injuries found on the deceased and refusing bail based on case facts.
Prayer for grant of bail rejected.
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IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.23828 of 2017
Arising Out of PS.Case No. -35 Year- 2017 Thana -PURNEA SADAR District- PURNIA
====================================================== Md. Jahiruddin @ Jahiruddin, Son of Late Nizam Ali, Resident of VillageAlinagar, P.S.- K.Nagar, District- Purnea.
.... .... Petitioner/s
Versus
The State of Bihar
.... .... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr. For the Opposite Party/s : Mr.
====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER
4 19-07-2017 Heard learned counsel for the petitioner and the learned A.P.P. for the State.
The petitioner seeks bail in connection with Sadar (Mufassil) P.S. Case No.35 of 2017 registered under Section 304B of the Indian Penal Code, pending in the court of the Chief Judicial Magistrate, Purnea.
The accusation of the informant is that the marriage of her sister-in-law (Nanad) Angoora Khatoon was performed with this petitioner before two years. After marriage, the petitioner started making demand of Rs.25000/- from her sister-in-law to purchase bed and furniture and for such demand, the petitioner used to assault her sister-in-law. The brother of her sister-in-law assured the petitioner to fulfill such demand and went to Delhi to earn money but he could not
Patna High Court Cr.Misc. No.23828 of 2017 (4) dt.19-07-2017 2/2
pay the money within time. Thereafter, the petitioner came to his sasural, where her sister-in-law was residing and asked her as to why the money has not been paid and became anger and started to cause assault through fists and slaps to her sister-in-law and dragged her to the courtyard due to which her sister-in-law became injured and died.
Learned counsel appearing on behalf of the petitioner submits that the petitioner, who is the husband of the deceased, the sister-in-law(Nanad) of the informant, has falsely been implicated in this case. In fact, after the death of his wife, the petitioner went to his sasural. The petitioner having no criminal antecedent is in custody since 23.01.2017
On the other hand, learned A.P.P. opposed the prayer of the petitioner for grant of bail with the submission that in the post-mortem examination of the deceased, the sister-in-law (Nanad) of the informant, ante-mortem injury was found on her neck and blood was also found at her mouth.
Having regard to the facts and the circumstances of the case and the nature of allegation, I am not inclined to grant bail to the petitioner. Accordingly, the prayer of the petitioner for grant of bail stands rejected.
(Rajendra Kumar Mishra, J)
P.S./-
U T
1 issue framed by the court
Whether bail should be granted to the petitioner accused under Section 304B IPC in a domestic violence case resulting in death.
2 provisions across 1 enactments
Md. Jahiruddin @ Jahiruddin
The State of Bihar
Rajendra Kumar Mishra
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
