Patna High Court granted bail to a petitioner accused in a dowry death case after finding that the victim died due to illness, marriage occurred before the statutory seven-year period, and no direct evidence of murder exists.
Release on bail on furnishing bond of Rs.20,000 with two sureties of like amount each, subject to cooperation with investigation.
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IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.4492 of 2018
Arising Out of PS.Case No. -44 Year- 2017 Thana -CHENARI District- SASARAM (ROHTAS)
Versus 1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Rajesh Kumar Mishra, Advocate For the Opposite Party/s : Mr. Chaubey Jawahar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER
2 30-01-2018 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.
The petitioner is in custody in connection with Chenari P.S. Case No.44 of 2017, a case under Sections 304B/201 of the Indian Penal Code.
The petitioner is husband of victim Bibha Kumari. The case was registered under Section 304B of the Indian Penal Code.
Submission of the learned counsel for the petitioner is that marriage was solemnized on 10.02.2009 much prior to seven years of death, as such, presumption of dowry death is not there and there is no direct evidence that petitioner was involved in commission of the murder of his wife. The truth is
Patna High Court Cr.Misc. No.4492 of 2018 (2) dt.30-01-2018
P2/
that the victim died due to illness and the dead body was cremated in presence of the family members.
Considering the aforesaid fact, let the petitioner, above named, be released on bail on furnishing bail bond of Rs.20,000/- (Twenty Thousand) with two sureties of the like amount each to the satisfaction of the learned Court-below where the case is pending in connection with the aforesaid case, with condition that the petitioner shall fully cooperate with the investigation/trial of the case, failing which the court below shall be at liberty to cancel the bail bond of the petitioner.
(Birendra Kumar, J)
Mkr./-
2 issues framed by the court
Whether the petitioner is entitled to bail in a case under Section 304B IPC where no direct evidence of murder exists and marriage was prior to seven years of death.
Whether presumption of dowry death applies given the timeline of marriage and circumstances of death.
1 provisions across 1 enactments
Srikant Pandey
The State of Bihar
Birendra Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
