In a bail application arising from a dowry death case under IPC 304(B), 201, and 34, the Patna High Court, considering the matrimonial nature and unnatural circumstances of death, rejected the bail prayer and directed the trial court to conclude the trial expeditiously.
Bail application rejected; trial directed to be concluded as early as possible.
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.15297 of 2021
Arising Out of PS. Case No.-329 Year-2019 Thana- PIPRAKOTHI District- East Champaran
======================================================
Upendra Kumar Son of Mahanth Das Resident of Village - Dhekanha Bala Tola, P.S.- Piprakothi, District - East Champaran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mrs.Rashmi Jha For the Opposite Party/s : Mr.Satya Nand Shukla, APP ======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER
4 29-11-2021
Heard learned counsel for the petitioner and learned A.P.P for the State.
The petitioner seeks bail in Piprakothi P.S. Case No. 329 of 2019, registered for the offence punishable under Sections 304(B), 201 and 34 of the Indian Penal Code.
As per the prosecution case, this petitioner along with other accused persons committed murder of informant’s daughter by pressing her neck due to non-fulfillment of demand of dowry. Petitioner is husband of the deceased.
It is submitted on behalf of the petitioner that petitioner is innocent and has committed no offence. No such occurrence has ever taken place and there was no demand of dowry by the petitioner. In fact, deceased died due to Diarrhoea. There is general and omnibus allegation. Petitioner is in custody
Patna High Court CR. MISC. No.15297 of 2021(4) dt.29-11-2021 2/2
since 06.01.2020 having no criminal antecedent.
Learned APP however, vehemently opposed the prayer for bail and submitted that petitioner is husband of the deceased and deceased died in unnatural circumstance within seven years of her marriage at her matrimonial home.
Considering the facts aforesaid and the nature of allegation and the fact that petitioner is husband of the deceased, I am not inclined to enlarge the petitioner above-named on bail. Accordingly, the same is rejected.
However, as petitioner is in custody since 06.01.2020, trial court is directed to conclude the trial as early as possible.
(Prabhat Kumar Singh, J)
vinita/- U T
2 issues framed by the court
Whether bail should be granted to the accused husband allegedly involved in dowry deaths?
Whether the trial court should expedite the trial given the accused has been in custody since January 2020?
1 provisions across 1 enactments
Upendra Kumar
The State of Bihar
Prabat Kumar Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
