In a bail application under Sections 304B and 34 IPC regarding a dowry death, the Court refused bail, holding that the nature of the allegation suffices to deny enlargement and directed expediting the trial.
Prayer for bail refused. Learned trial court directed to expedite the trial.
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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.6631 of 2019
Arising Out of PS. Case No.-20 Year-2018 Thana- ROHTAS District- Rohtas
======================================================
Dharamraj Kishore @ Baban @ Dharmraj Kishore Son of Harihar Bhagat Resident of Village - Saraiya, P.S.- Amjhor (Rohtas), District- Rohtas
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr.Lal Bahadur Singh, Advocate For the Opposite Party/s : Mr.Yogendra Kumar Singh, APP ======================================================
CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER
Heard learned counsel for the petitioner and learned
The petitioner is languishing in custody for the offences punishable under Sections 304B/34 of the Indian Penal Code in connection with S.T. No.199 of 2018, arising out of Rohtas (Amjhore) P.S. Case No.20 of 2018.
Wife of this petitioner died within few years of her marriage in her matrimonial house in unnatural circumstances. Allegation is of demand of dowry and torture for the same soon before death.
Submission is that evidence has come that deceased
died of suicide.
In a case of dowry death it is immaterial that death was suicidal or homicidal. The death must be result of
Patna High Court CR. MISC. No.6631 of 2019(4) dt.02-05-2019 2/2
torture arising out of non-fulfillment of dowry demand.
Considering the nature of allegation, I am not inclined to enlarge the petitioner on bail. Hence, the prayer for bail is refused. The learned trial Court is directed to expedite the trial.
(Birendra Kumar, J)
Mkr./-
U T
1 issue framed by the court
Whether the petitioner should be enlarged on bail in a case of dowry death where the wife died in unnatural circumstances.
1 provisions across 1 enactments
Dharamraj Kishore @ Baban @ Dharmraj Kishore
The State of Bihar
BIRENDRA KUMAR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
