The Patna High Court dismissed a bail application wherein the petitioner, husband of the deceased accused of murder within seven years of marriage, was refused bail due to death occurring in unnatural circumstances.
Bail application stands dismissed.
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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No. 1639 of 2020
Arising Out of PS. Case No.-224 Year-2019 Thana- BAIRIYA District- West Champaran
======================================================
Vinod Patel Son of Late Mahadeo Patel @ Mahadev Prasad Resident of Village - Ojhawaliya, P.S.- Bairiya, District- West Champaran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr.Sanjay Kumar No 7 For the Opposite Party/s : Mr.Murli Dhar ======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER
4 28-05-2020
Heard learned counsel for the petitioner as well as
learned A.P.P. for the State through video conferencing.
This relates to grant of bail in Bairiya P.S. Case No. 224 of 2019 registered for the offence under Section 302/34 of the Indian Penal Code.
As per F.I.R., the marriage of nanad (deceased) of informant was performed six years ago with petitioner, but petitioner had illicit relation with his Bhabhi and due to that reason, the informant went several occasions to the matrimonial home of her nanad and done the panchayati, but all three gotini of her nanad were not ready to obey the panchayati. It is further alleged that on 07-07-2019 at about 4:00 PM, the informant received an information that her nanad was burnt by her all three gotini and her ornaments worth Rupees one lac has been
Patna High Court CR. MISC. No.1639 of 2020(4) dt.28-05-2020 2/2
shared by them.
It is submitted on behalf of petitioner that petitioner is husband of the deceased and there is general and omnibus allegation against him. It is further submitted that there is no allegation of demand of dowry against petitioner.
However, considering the fact that petitioner is husband of the deceased and death has occurred within seven years of marriage in unnatural circumstances, I am not inclined to grant bail to the petitioner.
The bail application stands dismissed.
(Prabhat Kumar Singh, J.)
anay
U T
1 issue framed by the court
Whether bail should be granted to the husband of the deceased who is accused of murder occurring within seven years of marriage.
2 provisions across 1 enactments
Vinod Patel
The State of Bihar
Prabhat Kumar Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
