High Court of Patna granted bail to a husband accused in a dowry death case after finding no allegation of an overt act against him in the FIR or case diary, despite suspicion arising from the dowry demand context.
Petitioner released on bail on furnishing a bond of Rs. 10,000 with two sureties.
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.312 of 2019
Arising Out of PS. Case No.-255 Year-2018 Thana- BAKHTIARPUR District- Saharsa
======================================================
Dhiraj Mahto son of subodh Mahto, Resident of village Kabaiya, P.S. Bakhtiyarpur, District - Saharsa.
... ... Petitioner/s
Versus
The State Of Bihar
... ... Opposite Party/s
====================================================== Appearance :
For the Petitioner/s : Mr.Ashok Kumar Mishra For the Opposite Party/s : Mr. Bharat Bhushan ======================================================
CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA
ORAL ORDER
4 13-02-2019 Heard learned counsel for the petitioner and the learned APP for the State.
The petitioner seeks bail in Bakhtiyarpur P. S. Case No. 255 of 2018 instituted for the offence under Section(s) 304B/34 Indian Penal Code.
Learned counsel for petitioner submits that petitioner is husband of the deceased. There is no allegation of overt act against him in the written report as well as in the case diary.
It is alleged in the written report that daughter of the informant was married with this petitioner one year back. Thereafter, all the accused persons including this petitioner committed torture with her for demand of dowry. It is further alleged that on 21.6.2018 the informant got information by accused persons about elopement of his daughter with a boy.
Patna High Court Cr.Misc. No.312 of 2019(4) dt.13-02-2019 2/2
The informant got information on same day that dead body of his daughter was lying on the Bank of Kamala River near Namuna village.
The Sessions Judge has mentioned in the impugned order that although the cause of death according to postmortem report could not be identified but non-fulfillment of the dowry demand significantly makes a sense for indulgence of the husband in family dispute culminating in death of deceased.
In this manner, mere suspicion has been raised against this petitioner
Considering the aforesaid, let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/-(Ten thousand) with two sureties of the like amount each to the satisfaction of the C.J.M, Saharsa, in connection with Bakhtiyarpur P. S. Case No. 255 of 2018 subject to the condition that both the bailors shall be the close relative of the petitioner.
(Sanjay Priya, J)
shyambihari/-
U T
1 issue framed by the court
whether the petitioner husband should be granted bail in a dowry death case where no overt act against him is alleged in the report.
1 provisions across 1 enactments
Dhiraj Mahto
The State Of Bihar
Sanjay Priya
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
