Patna High Court dismissed a bail application filed by the husband accused in a dowry death case alleging Section 304(B) IPC. The court held that since the trial had commenced upon framing of charges, there was no reason to grant bail despite medical arguments regarding the deceased.
Prayer for grant of bail stands dismissed.
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.48543 of 2018
Arising Out of PS. Case No.-37 Year-2018 Thana- GORICHAK District- Patna
======================================================
Rahul Kumar S/o Ashok Ram, R/o vill.- Bhergawan Chak, P.S.- Gaurichak, District- Patna.
... ... Petitioner
Versus
The State of Bihar
... ... Opposite Party ====================================================== Appearance : For the Petitioner/s : Mr. Devendra Kumar Singh, Adv. Mr.Abhay Kumar, Adv. For the Opposite Party/s : Mr. Nirmal Kumar Sinha, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR
ORAL ORDER
2 18-08-2018
Heard Sri Devendra Kumar Singh, learned counsel, assisted by Sri Abhay Kumar, learned counsel for the petitioner and Sri Nirmal Kumar Sinha, learned Addl. Public Prosecutor.
The petitioner, husband of the deceased, has prayed for grant of bail in Sessions Trial No.348 of 2018,arising out of Gauri Chak P.S. Case No.37 of 2018 registered for the offence under Sections 304(B), 201/34 of the Indian Penal Code , has prayed for grant of bail.
Learned counsel for the petitioner, while pressing the prayer for bail, has argued that it is a case, in which maternal uncle of the deceased has come forward as the informant of the case, whereas parent of the deceased has not made any complaint. It has further been argued that that the deceased was
Patna High Court Cr.Misc. No.48543 of 2018(2) dt.18-08-2018 2/2
patient of Epilepsy (Mirgi) and she was being regularly treated in Rajeshwar Hospital. It has been argued that in such situation, she had fallen down and, thereafter she was being carried to hospital, but she died on the way. Accordingly, a prayer has been made for grant of bail.
Learned Addl. Public Prosecutor has opposed the prayer for grant of bail. Learned counsel for the petitioner accepted that in the case, after commitment of the case, charge has already been framed. Meaning thereby that the trial has already commenced. Fact remains that dead body was never sent for post-mortem examination and, as such, the case was instituted for the offence under Section 304(B), 201/34 of the Indian Penal Code. The petitioner was the husband of the deceased and marriage was solemnised only in the year 2017. It is also apparent that the deceased died in her in-laws house and there is allegation of torturing and demand of dowry.
Since the trial has already commenced, there is no reason to grant bail to the petitioner. The prayer for grant of bail stands dismissed.
(Rakesh Kumar, J.)
nawalkrs/-
U T
2 issues framed by the court
Whether bail can be granted to the accused husband in a Section 304(B) IPC dowry death case where trial has commenced and body was not sent for post-mortem.
Whether special circumstances regarding the deceased being an epileptic patient justify granting bail despite the commencement of trial.
1 provisions across 1 enactments
Rahul Kumar
The State of Bihar
Rakesh Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
