Husband of a deceased woman in Patna High Court bail application under Section 304(B) and 201/34 IPC. Court denied bail citing gravity of dowry allegation and deceased's death within four years of marriage, holding petitioner primarily responsible.
Prayer for bail rejected.
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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.64688 of 2019
Arising Out of PS. Case No.-187 Year-2018 Thana- CHAUTHAM District- Khagaria
======================================================
Fantush Kumar Son of Bansu Singh Resident of Village- Agrahan, P.S.Chautham, District- Khagaria.
... ... Petitioner/s
Versus
The State Of Bihar
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr.Binod Kumar, Advocate For the Opposite Party/s : Ms.Pushpa Sinha APP ======================================================
CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER
3 05-12-2019
Heard learned counsel for the petitioner and learned APP for the State.
The petitioner seeks bail in Chautham P. S. Case No. 187/2018 instituted for the offence under Section(s) 304(B) and 201/34 of the Indian Penal Code.
It is submitted by the petitioner’s counsel that the petitioner, who is husband of the deceased, was not residing at the place of occurrence and due to a dispute with her mother-inlaw, the petitioner’s wife has committed suicide.
This Court would observe that the deceased has died in her matrimonial home within four (04) years of her marriage, there is allegation of demand of dowry and the petitioner, being the husband, was primarily responsible for maintaining his wife with honor and dignity.
Patna High Court CR. MISC. No.64688 of 2019(3) dt.05-12-2019 2/2
Considering the gravity of the allegation, this Court, for
the present, is not inclined to privilege the petitioner with bail.
Prayer for bail is rejected.
(Madhuresh Prasad, J)
shyambihari/-
U T
2 issues framed by the court
Whether bail should be granted to the husband of the deceased charged under Section 304(B) IPC.
Whether the gravity of dowry allegation and prima facie case preclude bail at this stage.
2 provisions across 1 enactments
Fantush Kumar
The State Of Bihar
Madhuresh Prasad
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
