Tinku Tiwary @ Tinkoo Tiwary v. The State Of Bihar
Case brief
What is this about?
Petitioner challenged sponsorship order, not applicable here. This is a bail application. Court refused bail in dowry death case (S. 304B IPC) due to dowry allegations and hurried body disposal during victim's residence at maternal home.
What did the court decide?
Prayer for bail refused; trial expedited within nine months order.
What the court decided
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No. 8244 of 2017
Arising out of P.S. Case No. - 74 Year - 2016 Thana - CHARPOKHARI District - BHOJPUR
====================================================== Tinku Tiwary @ Tinkoo Tiwary, Son of Sheojee Tiwary, Resident of Village - Maghiaon, P.S. - Charpokhari, District - Bhojpur
.... .... Petitioner Versus The State of Bihar .... .... Opposite Party ====================================================== Appearance : For the Petitioner : Mr. Bhavesh Kumar, Advocate For the Opposite Party : Smt. Veena Rani Prasad, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER
3 07-03-2017 Heard learned counsel for the petitioner and learned APP for the State.
Petitioner seeks bail in a case registered for the offences punishable under Sections 304(B)/201/120(B)/34 of the Indian Penal Code.
Petitioner is the husband of victim Rinki Devi. Victim was married with the petitioner in the year 2009. There is allegation of demand of dowry and torture for the same and on non-fulfillment, commission of dowry death and disposal of dead body hurriedly. The paternal family members, relations of the deceased have supported the allegation of demand and torture.
Learned counsel for the petitioner submits that the petitioner is in custody since 27.05.2016 and the case diary would reveal that no witness of the P.O. village has been
Issues for consideration
2 issues framed by the court
Whether bail should be granted to petitioner accused in dowry death case given victim died within seven years of marriage.
Whether the disposal of dead body without police information bars bail.
Parties & counsel
- petitioner
Tinku Tiwary
- respondent
State of Bihar
Coram
BIRENDRA KUMAR
Case details
As recorded by the court registry
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