In a bail application arising from a dowry death case, the High Court refused bail considering the serious nature of the allegations regarding torture and false implication of parents. The trial is directed to be expedited.
Prayer for bail is refused; Trial Court directed to expedite the trial.
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.14031 of 2019
Arising Out of PS. Case No.-252 Year-2016 Thana- ARA MUFFSIL District- Bhojpur
======================================================
Anil Yadav Son of Zalim Yadav Resident of village- Maniraj Katola, P.S.-Ara (Muffasill) District-Bhojpur
... ... Petitioner/s
Versus
The State Of Bihar
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr.Shiv Prasad Gupta, Adv For the Opposite Party/s : Mr.Binod Kumar,APP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER
3 13-05-2019 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 304(B),201,34 of the Indian Penal Code.
Petitioner is husband of the victim of dowry death. Wife of the petitioner died within three years of her marriage in her matrimonial house in unnatural circumstances. The dead body was disposed of without information to anyone either police or the parents. There is allegation of demand of dowry and torture for the same.
Submission of learned counsel for the petitioner is that wife died while cooking food. Further submission is that the parents of the deceased had participated in
Patna High Court CR. MISC. No.14031 of 2019(3) dt.13-05-2019 2/2
the cremation and thereafter false case has been lodged.
Considering the nature of allegation, I am not
inclined to enlarge the petitioner on bail in connection with Ara Muffasil P.S. Case No.252 of 2016 pending in the court of learned C.J.M., Bhojpur at Ara. Prayer is refused.
Petitioner is in custody since 24.06.2018, hence, the learned Trial Court is directed to expedite the trial.
(Birendra Kumar, J)
Nitesh/-
U T
1 issue framed by the court
Whether the petitioner should be granted bail in a case of dowry death under Sections 304(B), 201, and 34 IPC.
1 provisions across 1 enactments
Anil Yadav
The State Of Bihar
Birendra Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
