The Patna High Court rejected the petitioner's bail application in a dowry death case under Sections 304B and 201 IPC. The court held the petitioner must explain the cause of death and directed the trial to conclude within nine months.
Bail application rejected; Trial directed to conclude within nine months.
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.17094 of 2019
Arising Out of PS. Case No.-148 Year-2018 Thana- AKHODHIGOLA District- Rohtas
======================================================
Dhananjay Pathak Son of Late Ramesh Pathak Resident of village- Pyarepur, P.S.- Akorhigola, District- Rohtas
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr.Rajani Kant Singh For the Opposite Party/s : Mr.Ram Sevak Choudhary ======================================================
CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH
ORAL ORDER
4 02-07-2019
Heard learned counsel for the petitioner and learned
counsel for the State.
The petitioner seeks bail in S.T. No.33 of 2019 arising out of Akorhigola P.S. case No.148 of 2018 registered under Sections 304B, 201/34 of I.P.C., pending in the court of 12th Additional Sessions Judge, Rohtas at Sasaram.
Allegation is that the accused persons including the petitioner caused murder of the daughter of the informant due to non-fulfilment of demand of dowry.
It has been submitted on behalf of the petitioner that the petitioner is in custody since 24.08.2018 and has got no criminal antecedent. Charge sheet has been submitted in this case. There is no allegation of tampering of witnesses alleged against the petitioner. The petitioner has falsely been implicated
Patna High Court CR. MISC. No.17094 of 2019(4) dt.02-07-2019 2/2
in the present case. There is no other substantive evidence to suggest the implication of the petitioner in the present case. The deceased had fallen by the side of the hand-pump and sustained injuries and in course of treatment she died.
On behalf of the State, it is submitted that the petitioner is named in the F.I.R. He is the husband of the deceased. The onus is upon him to explain the cause of death of the deceased.
Considering the aforesaid facts and circumstances, I am not inclined to grant bail to the petitioner. The same is rejected.
The Trial Court is directed to take all necessary steps to conclude the trial preferably within a period of nine months from the date of receipt/production of a copy of this order.
(Sudhir Singh, J)
Narendra/-
2 issues framed by the court
Whether bail should be granted to the petitioner in a dowry death case alleging murder of the daughter.
Whether the trial court should conclude the trial within a specified timeframe.
1 provisions across 1 enactments
Sudhir Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
