In a dowry death case involving alleged torture and hurried disposal of the body, the court refused bail despite a compromise petition submitted by the informant, citing the nature of allegations and legal presumption. The trial was directed to be expedited.
Prayer for bail refused; prayer for expeditious trial granted.
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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.12803 of 2019
Arising Out of PS. Case No.-44 Year-2018 Thana- SHYAMPUR BHATHA District- Sheohar
======================================================
Chitranjan Sah Son of Raj Kumar Sah R/o village- Kararia, P.S- Shyampur Bhatha, Dist.- Sheohar
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr.Prem Sheela Pandey, Adv For the Opposite Party/s : Mr.Shantanu Kumar,APP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER
3 09-05-2019
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 201,304-B and 34 of the Indian Penal Code.
Within few months of marriage, wife of this petitioner died in unnatural circumstances and dead body was hurriedly disposed of. There is allegation of demand of dowry and torture for the same soon before death.
Submission is that the informant has filed a compromise petition.
Considering the nature of allegation and presumption of law against the petitioner, I am not inclined to enlarge him on bail in connection with Shyampur Bhatha
Patna High Court CR. MISC. No.12803 of 2019(3) dt.09-05-2019 2/2
P.S.Case No.44 of 2018 pending in the court of learned A.C.J.M., Sheohar. Hence, prayer is refused.
The learned Trial Court is directed to expedite
the trial.
(Birendra Kumar, J)
Nitesh/-
U T
2 issues framed by the court
Whether bail should be granted in a case involving alleged dowry death and premature disposal of the body despite a compromise petition.
Whether the presumption of law in dowry cases precludes granting bail even if an informant has filed a compromise.
1 provisions across 1 enactments
Chitranjan Sah
The State of Bihar
Birendra Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
