Petitioners challenged anticipatory bail in a dowry death case. The court rejected the bail application, noting the death occurred within a year of marriage and prejudice was established, with family members supporting prosecution allegations.
Anticipatory bail application rejected; petition dismissed.
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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.10561 of 2020
Arising Out of PS. Case No.-244 Year-2019 Thana- DARAUNDA District- Siwan
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... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
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Appearance :
For the Petitioner/s : Mr.Ashok Kumar, Adv. For the Opposite Party/s : Mr. Akshay Lal Pandit, APP
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CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER
6 09-10-2020
Heard Mr. Ashok Kumar, learned counsel for the petitioners and Mr. Akshay Lal Pandit, Additional Public Prosecutor for the state through video conferencing.
Patna High Court CR. MISC. No.10561 of 2020(6) dt.09-10-2020 2/3
by the petitioners by administering poison.
Patna High Court CR. MISC. No.10561 of 2020(6) dt.09-10-2020 3/3
within a period of one year of her marriage. Learned counsel further submits that as per FIR, petitioner no.2 resides in her matrimonial home even after her marriage.
(Anil Kumar Sinha, J)
perwez
U T
2 issues framed by the court
Whether anticipatory bail should be granted to the petitioners in a case alleging dowry death under Section 304(B) IPC within one year of marriage.
Whether the presumption under Section 113A of the Evidence Act applies given the suicide note and family involvement in the funeral.
2 provisions across 2 enactments
Manu Bhagat @ Manu Kumar
Anita Devi
The State of Bihar
Anil Kumar Sinha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
