This order rejects the petitioner husband's bail application in a dowry death case alleging torture. The court notes the unnatural death by strangulation and the lack of initial dead body recovery, deeming the stage inappropriate for bail while directing trial expedition.
Bail prayer 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.2137 of 2019
Arising Out of PS. Case No.-7 Year-2018 Thana- JHAJHA District- Jamui
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Sahabuddin Ansari, S/o Mqsud Mian, Resident of Village- Tetariya, P.S.Jhajha, District- Jamui.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr.Rajesh Kumar Sinha For the Opposite Party/s : Mr.Rajendra Prasad Nat
======================================================
CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER
3 11-02-2019 Heard learned counsel for the petitioner and the
learned A.P.P. for the State.
The petitioner seeks bail in Jhajha P.S. Case No. 07 of 2018, instituted for the offences under Sections 304(B),201,34 of the Indian Penal Code.
Petitioner is the husband of the deceased. It is alleged in the written report that petitioner and other accused persons started torturing daughter of the informant for demand of dowry. The informant got information on 05.01.2018 at 1.30 p.m. from his son-in-law that his daughter has fled away from house. Thereafter, informant went to her sasural with villagers and found one of the room was locked and other rooms were opened. The informant made search but did not find his daughter and returned to his house. After sometime his son-in-
Patna High Court Cr.Misc. No.2137 of 2019(3) dt.11-02-2019 2/2
law telephoned him that his daughter has been traced out. She died by hanging on a tree. The informant again reached her sasural and found her daughter lying dead in police station. The informant alleged that accused persons after committing murder of his daughter hanged the dead body of his daughter.
Case diary has been received. In the case diary witnesses have supported the prosecution case. Post-mortem report is also annexed with the case diary in which doctor has opined the cause of death asphyxia due to strangulation. The informant has stated earlier that he made search at the place of occurrence but he did not find dead body of his daughter.
From the post-mortem report, it appears that deceased has died unnatural death.
In these circumstances, this Court is not inclined to grant bail to the petitioner at this stage.
Accordingly, his prayer for bail is rejected.
However, the trial court is directed to expedite the trial and make attempts to conclude the trial as early as possible, preferably within a period of nine months from the date of receipt/production of a copy of this order.
(Sanjay Priya, J)
khushbu/- U T
2 issues framed by the court
Whether bail should be granted to the husband of a deceased woman accused of dowry-related torture and death.
Whether the trial court should expedite the trial in a case involving a woman's death.
1 provisions across 1 enactments
Sahabuddin Ansari
The State of Bihar
Sanjay Priya
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
