The High Court rejected the petitioner's bail application in a dowry death case where the bride died within two months of marriage due to alleged torture for a motorcycle. The court expedited the trial to nine months.
Prayer for bail is rejected; trial court directed to conclude trial within nine months.
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.74518 of 2018
Arising Out of PS. Case No.-91 Year-2018 Thana- SIDHWALIYA District- Gopalganj
======================================================
Uttim Singh @ Uttam Singh son of Late Narayan Singh, Resident of VillageDangsi, Police Station- Sidhwalia, District- Gopalganj.
... ... Petitioner/s
Versus
The State Of Bihar
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr.Lokesh Kumar Singh For the Opposite Party/s : Mr.Sri Mithilesh Kumar Khare ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER
3 22-02-2019
Heard the learned counsel for the petitioner and the
learned A.P.P. for the State.
The petitioner seeks bail in Sidhwalia P.S. Case No. 91/2018, instituted for offence under Section(s) 304(B)/34 of the Indian Penal Code read with Section ¾ of D.P. Act.
It is alleged in the written report that daughter of informant was married with this petitioner on 12.03.2018. After marriage she was tortured in her Sasural for demand of bullet motorcycle. It is alleged that on 14.05.2018 at about 4-5 P.M., she was done to death by strangulation in her Sasural . On getting information, informant reached at the house of his daughter and found elder brother and Bhabhi of petitioner were absconding. Daughter of informant was found lying dead.
Post-mortem report is available in case diary, wherein
Patna High Court Cr.Misc. No.74518 of 2018(3) dt.22-02-2019 2/2
doctor has opined cause of death due to asphyxia on account of hanging.
Considering the fact that daughter of informant died unnatural death in her Sasural within two months of her marriage, for demand of motorcycle, this Court is not inclined to grant bail to the petitioner.
Accordingly, prayer for bail of petitioner is rejected. Trial court is directed to expedite the trial and if possible, conclude the same within nine months.
(Sanjay Priya, J)
rakhi/-
U T
2 issues framed by the court
Whether bail should be granted to the petitioner in a case alleging dowry death of the daughter-in-law within two months of marriage.
Whether the trial should be expedited and concluded within a specific timeframe.
2 provisions across 1 enactments
Uttim Singh @ Uttam Singh
The State Of Bihar
SANJAY PRIYA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
