This is an oral order refusing bail to the appellant in a case involving dowry death. The bench, noting unnatural death and cremation without family notice, rejected the bail plea and directed an expedited trial.
Bail application rejected; trial court directed to expedite 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.76990 of 2018
Arising Out of PS. Case No.-759 Year-2017 Thana- HILSA District- Nalanda
======================================================
Mukesh Kumar @ Mukesh Pandit son of Surendra Pandit, Resident of Village- Indaut, P.S.- Hilsa, District- Nalanda.
... ... Petitioner/s
Versus
The State Of Bihar
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr.Dr. Anjani Pd. Singh For the Opposite Party/s : Mr.Sri Arun Kumar Singh -5 ======================================================
CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER
3 07-03-2019
Heard the learned counsel for the petitioner and the
learned A.P.P. for the State.
The petitioner seeks bail in Hilsa P.S. Case No. 759/2017, instituted for offence under Section(s) 304(B), 201 and 34 of the Indian Penal Code.
It is alleged in the written report that sister of informant was married with this petitioner about five years ago. After marriage, she was tortured in her Sasural for demand of dowry. It is alleged that on 29.11.2017 informant got information that his sister has been burnt in her Sasural . Thereafter, informant and other family members went to her Sasural and found nobody in the house. He learnt from the villagers that his sister has been killed and cremated.
Learned counsel for the petitioner has submitted that
Patna High Court CR. MISC. No.76990 of 2018(3) dt.07-03-2019 2/2
mere suspicion has been raised against this petitioner.
Learned Addl. P.P. has submitted that from the case diary it is apparent that dead body was cremated without giving any information to the family members of the deceased.
Considering the fact that the deceased died unnatural death and her dead body was disposed off without informing her family members, this Court is not inclined to grant bail to the petitioner at this stage. Accordingly, the same is rejected.
The trial court is directed to expedite the trial and conclude the same as early as possible preferably within nine months.
The petitioner is given liberty to renew the prayer for bail after nine months in the event the trial is not concluded within aforesaid period.
(Sanjay Priya, J)
rakhi/-
U T
2 issues framed by the court
Whether the petitioner deserves bail in a matrimonial dispute involving dowry death.
Whether the disposal of the dead body without informing the family influences bail.
Mukesh Kumar @ Mukesh Pandit
The State Of Bihar
Sanjay Priya
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
