Patna High Court heard an application for bail of an accused in a dowry death case. The court found the petitioner to be the husband of the deceased with direct allegations of torture and strangulation, rejecting the bail plea.
Application for bail was rejected as the petitioner is not inclined to allow the prayer.
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.36269 of 2019
Arising Out of PS. Case No.-98 Year-2018 Thana- PARAIYA District- Gaya
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MITHILESH YADAV S/o Kapil Yadav Resident of Village- Naua Bigha, P.S.Paraiya, District- Gaya.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr. Tapeshwar Sharma For the Opposite Party/s : Md. Fahimuddin ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER
3 11-09-2019 Heard learned counsel for the petitioner and learned counsel for the State.
The petitioner is accused in connection with Paraiya P.S. Case No. 98 of 2018 registered under section 304B/34 of the I.P.C. pending in the Court of A.C.J.M.-III, Gaya.
Submission of learned counsel for the petitioner is that petitioner is innocent and has falsely been implicated in the present case on the basis of suspicion. Further submission is that petitioner is in custody since 03.01.2019.
Learned A.P.P. appearing on behalf of the State opposed the prayer of the petitioner by contending that petitioner is husband of the deceased and there is direct allegation against him for demand of dowry and torture.
Patna High Court CR. MISC. No.36269 of 2019(3) dt.11-09-2019 2/2
Thereafter, the deceased was killed by the petitioner and his other family members by strangulation.
Having considered the facts and circumstances of the case and nature of allegation, I am not inclined to allow the prayer of the petitioner for bail. Accordingly, this application is rejected.
(Arvind Srivastava, J)
shailendra/-
U T
2 issues framed by the court
Whether bail should be granted to an accused in a case involving dowry death and unnatural death where death by strangulation was alleged.
Whether the allegations of direct demand for dowry and torture by the petitioner justify refusal of bail.
2 provisions across 1 enactments
MITHILESH YADAV
The State of Bihar
ARVIND SRIVASTAVA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
