High Court at Patna heard a bail petition in a dowry death case. The court rejected the bail application, noting the petitioner must explain the cause of death and finding no reason to grant relief.
Application for bail in connection with Manigachhi P.S. Case No. 79 of 2018 is rejected.
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. 3359 of 2019
Arising Out of PS. Case No.-79 Year-2018 Thana- MANIGACHI District- Darbhanga
======================================================
Yashodanand Mishra Sri Hem Narayan Mishra Village - Makranda, Bhandarso, P.S. Manigachhi, District-Darbhanga (Bihar).
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr.Saket Gupta For the Opposite Party/s : Mr.Ram Priya Sharan Singh ======================================================
CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH
ORAL ORDER
4 08-04-2019 Heard learned counsel for the petitioner and the State.
The petitioner seeks bail in a case registered under
Section 304B read with Section-34 of the Indian Penal Code.
The prosecution case, in brief, is of committing torture and caused death of the victim due to non-fulfillment of demand of dowry.
It has been submitted on behalf of the petitioner that the petitioners have got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. The petitioner is in custody since 11-09-2018. Charge sheet in this case has already been submitted. The petitioner has been falsely implicated in the present case. There is no other substantive evidence to suggest the implication of the petitioner in the present case. The petitioner has been made accused in the
Patna High Court CR. MISC. No. 3359 of 2019(4) dt.08-04-2019 2/2
present case due to mistake of fact. The date of occurrence is said to be 13-03-2018 and the FIR has been instituted on 28-032018. The delay in instituting the FIR has not been explained by the prosecution. The prosecution has not come with clean hands.
On behalf of the State and the informant, it is submitted that the petitioner is named in the FIR. The petitioner is alleged to be husband of the deceased. The onus is upon him to explain the cause of death of the deceased. The son of the deceased has been examined in paragraph-24 of the case diary and he has supported the allegation, made in the FIR.
Considering the aforesaid facts and circumstances, I am not inclined to grant bail to the petitioner. Accordingly, prayer for bail of the petitioner in connection with Manigachhi P.S. Case No. 79 of 2018 is rejected.
Trial court is directed to expedite the trial.
(Sudhir Singh, J)
A.K.V.//-
U T
2 issues framed by the court
Whether bail should be granted to the petitioner accused of dowry-related death.
Whether the delay in filing the FIR affects the case against the petitioner.
1 provisions across 1 enactments
Yashodanand Mishra Sri Hem Narayan Mishra
The State of Bihar
Sudhir Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
