In this oral order, the Patna High Court rejected a petition for anticipatory bail filed by a husband in a dowry death case under Sections 304B and 34 IPC. The court declined the grant, directing the petitioner to seek regular bail.
Application for anticipatory bail dismissed; petitioner directed to seek regular bail from the court below.
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.21577 of 2019
Arising Out of PS. Case No.-182 Year-2016 Thana- CHIRAIYA District- East Champaran
======================================================
Jasim Akhthar @ Jasim Sekh, Son of Shekh Majid, Resident of Village - Kolasi, P.S- Chiraiya, Distt - East Champaran.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr.Anshu Dhar Sharma, Advocate For the Opposite Party/s : Mr.Md. Mushtaque Alam, APP ======================================================
CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER
4 08-07-2019
This is an application for grant of anticipatory bail in connection with Chiraiya P.S. Case No.182 of 2016, disclosing offences under Sections 304B/34 of IPC.
Petitioner happens to be the husband of the deceased with an allegation of demand of Rs. 2,00,000/-, causing her death.
Submission of learned counsel for the petitioner is that petitioner has married with second daughter of the informant in view of a compromise between the parties and allegations are false and concocted.
Heard learned A.P.P. also, who has opposed the prayer for anticipatory bail on the ground that case is not compoundable. Further case is of dowry death.
Having heard both sides, in view of the facts and circumstances, as stated above, I am not inclined to grant
Patna High Court CR. MISC. No.21577 of 2019(4) dt.08-07-2019 2/2
privilege of anticipatory bail to the petitioner, however, the petitioner is directed to surrender before the learned court below and make prayer for regular bail, the same shall be considered by the learned court below on its own, without being prejudiced by order of this Court and also considering the submissions as made above, if possible, be disposed of on the same day.
With the aforesaid, this application is dismissed.
(Vinod Kumar Sinha, J)
Sunil Shukla/-
U T
2 issues framed by the court
Whether an application for anticipatory bail in a dowry death case should be granted.
Whether the case is non-compoundable barring anticipatory bail.
1 provisions across 1 enactments
Jasim Akhthar
The State of Bihar
Vinod Kumar Sinha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
