Dismissed

Dharmendra Dikshit v. The State of Bihar

Patna HC5 Nov 2020CR. MISC./25029/2020

Case brief

AI extract

What is this about?

The Patna High Court rejected the bail application in a dowry death case involving Sections 304B and 201 IPC. The court ordered the trial court to conclude the trial within nine months by holding hearings daily, with specific directives to the State Police to ensure prosecution witness attendance.

What did the court decide?

Bail denied; trial directed to be concluded within nine months of the order's receipt.

Dharmendra Dikshit Vs The State of Bihar — Dowry and Cruelty | Patna HC (2020)

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.25029 of 2020

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Arising Out of PS. Case No.-145 Year-2019 Thana- BHAGWANPUR District- Kaimur

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(Bhabua)

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======================================================

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DHARMENDRA DIKSHIT Son of Suresh Dikshit Resident of VillageAnkorhi, P.S.- Belaon (Bhagwanpur), District- Kaimur at Bhabua.

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... ... Petitioner/s

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Versus

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The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Rajani Kant Pandey, Adv. For the Opposite Party/s : Mr.Nand Kishore Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER

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4 05-11-2020 Heard both sides through Video Conferencing.

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The petitioner seeks bail in Bhagwanpur(Belaon) P.S.

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Case No.145 of 2019 registered under Sections 304B, 201 and 34 of the Indian Penal Code.

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The informant, the father of the deceased, alleged that the husband(petitioner) and the father-in-law of his daughter were always torturing his daughter due to non-fulfillment of additional demand of dowry such as motorcycle but the informant could not fulfill the demand. The husband and other in-laws were always insulting his daughter. However, his daughter remained in her sasural and gave birth to a female child aged about two years and a male child aged about eight months. When the informant came to know that the accused

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Patna High Court CR. MISC. No.25029 of 2020(4) dt.05-11-2020 2/3

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persons killed his daughter and the accused persons were cremating the dead body of the deceased, the informant went there but by that time, the accused persons had already cremated the dead body of his daughter.

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The learned counsel for the petitioner submits that petitioner is the husband of the deceased. Petitioner never demanded any dowry nor ever tortured his wife. The wife of the petitioner died of abdominal pain and she was under treatment by a local doctor. The dead body was cremated in presence of the informant but later on, he lodged the case making false allegation but it appears that immediately after the death of the daughter of the informant and the wife of the petitioner, the petitioner and his family members hurriedly cremated the dead body without informing the police. There is no material to show that the deceased died of natural death.

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Taking into consideration the facts aforesaid, I am not inclined to enlarge the petitioner on bail at this stage. Accordingly, the same is rejected.

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The trial court is directed to hold the trial on day to day basis and conclude the same within nine months from the date of receipt of this order.

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The S.P., Kaimur at Bhabua is directed to ensure the

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Patna High Court CR. MISC. No.25029 of 2020(4) dt.05-11-2020 3/3

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attendance of the prosecution witness so that the trial must be concluded within nine months.

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If the trial is not concluded within nine months, the

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petitioner may renew his prayer for bail.

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Let a copy of this order be sent to the trial court as well as the S.P., Kaimur at Bhabua for information and needful.

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(Prabhat Kumar Jha, J)

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Saurabh/-

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U T

Dharmendra Dikshit v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Dharmendra Dikshit v. The State of Bihar

Case brief

What is this about?

What did the court decide?

What the court decided

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