The Patna High Court rejected the bail application of the accused in a dowry-related murder case involving Sections 304B and 201 IPC, holding that as the husband of the deceased, he has the onus to explain the cause of death and cannot be let go on bail.
Bail application rejected; trial to conclude within nine months.
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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.8329 of 2019
Arising Out of PS. Case No.-39 Year-2017 Thana- GARKHA District- Saran
======================================================
Vijay Singh Son of Late Ramji Singh Resident of Village-Galimapur, P.S.Garkha, District Saran
... ... Petitioner/s
Versus
THE STATE OF BIHAR
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr.Rajiv Kumar For the Opposite Party/s : Mr.Awadhesh Kumar Singh ======================================================
CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER
6 01-07-2019
Heard learned counsel for the petitioner and learned
APP for the State.
The petitioner seeks bail in Sessions Trial No.423 of 2018 arising out of Garkha P.S. case No.39 of 2017 registered under Sections 304B, 201/34 of the Indian Penal Code, pending in the court of A.D.J. VIII, Saran (Chapra).
Allegation is that the accused persons including the petitioner committed murder of the daughter of the informant due to non-fulfilment of demand of dowry.
It has been submitted on behalf of the petitioner that the petitioner is in custody since 15.03.2018 and has got no criminal antecedent. Charge sheet has been submitted in this case. There is no allegation of tampering of witnesses alleged against the petitioner. The petitioner has falsely been implicated
Patna High Court CR. MISC. No.8329 of 2019(6) dt.01-07-2019 2/2
in the present case. Neither there is any substantive evidence to suggest the implication of the petitioner in the present case nor there is any eye witness to the alleged occurrence.
On behalf of the State, it is submitted that the petitioner is named in the F.I.R. He is the husband of the deceased. The onus is upon him to explain the cause of death of the deceased.
Considering the aforesaid facts and circumstances, I am not inclined to grant bail to the petitioner. The same is rejected.
The Trial Court is directed to take all necessary steps to conclude the trial preferably within a period of nine months from the date of receipt/production of a copy of this order.
(Sudhir Singh, J)
Narendra/-
U T
1 issue framed by the court
Whether bail should be granted to the accused in a case alleging dowry-related homicide?
1 provisions across 1 enactments
VIJAY SINGH
THE STATE OF BIHAR
SUDHIR SINGH
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
