In an unnecessary delay bail matter concerning a dowry death case, the Patna High Court granted bail to the petitioner, citing the lengthy custody period and the informant's lack of support for the prosecution case.
Released on bail by furnishing a bond of Rs. 10,000 with two sureties of the like amount before the Additional District & Sessions Judge, Gaya.
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.8849 of 2020
Arising Out of PS. Case No.-303 Year-2017 Thana- ATRI District- Gaya
======================================================
Suraj Kevat, Son of Bhola Kevat Resident of Village-Piyar Mallahi, Police Station-Atri, District-Gaya.
... ... Petitioner/s
Versus
The State Of Bihar
... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Manish Kumar No2 For the Opposite Party/s : Mr.Ashok Kumar Singh ======================================================
CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER
Heard learned counsel for the petitioner and learned
APP for the State.
The petitioner, being the husband of the daughter of the informant, has renewed the prayer for bail in a case registered for the offences punishable under Sections 304B/34 of the Indian Penal Code.
The prosecution case as per the written report of Krishna Kewat, submitted to the Station House Officer, Atri Police Station is to the effect that the daughter of the informant, Daulati Devi was married with the petitioner, in the year 2017 but subsequently, further dowry demand of a Scorpio vehicle was made and due to non-fulfillment of the same, torture was inflicted upon the daughter of the informant by in-law family members including the petitioner. Ultimately, the daughter of the informant was killed on 02.12.2017 by in-law family
Patna High Court CR. MISC. No.8849 of 2020(2) dt.26-02-2020 2/3
members including the petitioner.
Considering the fact that the postmortem report reflects the cause of death as asphyxia due to hanging and the victim was killed within six months of the marriage for nonfulfillment of further dowry demand, this Court rejected the prayer for bail of the petitioner vide order dated 25.01.2019 passed in Cr. Misc. No. 75893 of 2018 with liberty to renew the prayer for bail, if the trial is not concluded within a period of one year.
It is submitted by learned counsel for the petitioner that the petitioner is languishing in custody since 25.04.2018. The trial is not concluded and the informant has already deposed during trial. The deposition of the informant has been brought on record as Annexure-3 which suggests that the informant has not supported the prosecution case.
Considering the deposition of the informant during trial, the fact that the petitioner is languishing in custody since more than one and half years and the trial has not been concluded as yet, coupled with the liberty given in the earlier order, let the above named petitioner be released on bail, on furnishing bail bond of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the
Patna High Court CR. MISC. No.8849 of 2020(2) dt.26-02-2020 3/3
satisfaction of learned Additional District & Sessions Judge- 1st , Gaya in connection with Sessions Trial No. 406 of 2018/75 of 2018, arising out of Atri P.S. Case No. 303 of 2017.
The learned trial Court will be at liberty to cancel the bail bonds of the petitioner, if the petitioner defaults for three consecutive occasions.
(Dinesh Kumar Singh, J)
DKS/-
U T
1 issue framed by the court
Whether the petitioner should be granted bail in a case involving dowry death after lengthy custody and lack of informant support.
1 provisions across 1 enactments
Suraj Kevat
The State Of Bihar
Dinesh Kumar Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
