This is an oral order dismissing a bail petition in a dowry death case under Sections 304(B) and 201/34 IPC. The Court held that it is not a fit case to enlarge the petitioner on bail.
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.14324 of 2021
Arising Out of PS. Case No.-236 Year-2019 Thana- BIDUPUR District- Vaishali
======================================================
SANJEEV KUMAR, Son of Harendr Rai Resident of Village - Sultanpur Khajbatta, P.S.- Bidupur, Distt.- Vaishali. ... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Satya Prakash Sinha, Advocate For the Opposite Party/s : Mr. A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER
4 25-10-2021
Heard the parties.
Petitioner seeks bail in a case registered for the offences punishable under Sections 304(B) and 201/34 of the Indian Penal Code.
Petitioner is husband of the victim of dowry death. Allegation is of demand of dowry and torture for the same. Investigation of the case against the petitioner is already complete. The informant has filed a petition before the learned court below that under some misconception of fact he has lodged the present case.
In the facts and circumstances of this case, this is a fit case wherein the Trial Judge should expedite the trial and proceed on day to day basis if the prosecution brings evidence on each and every date. No witness should be allowed returned unexamined.
With the observation aforesaid, I am not inclined to
Patna High Court CR. MISC. No.14324 of 2021(4) dt.25-10-2021 2/2
enlarge the petitioner on bail considering the nature of allegation against the petitioner in connection with Bidupur P.S. Case No. 236 of 2019 pending in the Court of learned Chief Judicial Magistrate, Vaishali at Hajipur.
(Birendra Kumar, J)
Kundan/-
U T
2 issues framed by the court
Whether the petitioner should be granted bail in a case under Sections 304(B) and 201/34 IPC?
Whether the impugned bail order warrants enlargement considering the nature of allegations of dowry death?
SANJEEV KUMAR
THE STATE OF BIHAR
BIRENDRA KUMAR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
