Justice Partha Sarthy rejected petitioner's bail application in a dowry death case under IPC ss. 304B/34, finding the Petitioner's innocence arguments insufficient to warrant release from custody.
Application for regular bail rejected. Petitioner remains in custody.
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.16898 of 2021
Arising Out of PS. Case No.-63 Year-2020 Thana- SONO District- Jamui
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Bambam Yadav Son of Bharat Yadav Resident of Village - Koriyasar, P.S.Sono, Distt.- Jamui.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
====================================================== Appearance :
For the Petitioner/s : Mr. Nagendra Dubey, Adv. For the Opposite Party/s : Mr. Uday Chand Prasad, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER
3 16-09-2021
Heard learned counsel for the parties through video conferencing.
The petitioner has preferred the instant application for grant of regular bail in a case registered under sections 304B and 34 of the Indian Penal Code.
As per the prosecution case, the niece of the informant was married to the petitioner. It is stated that the petitioner used to make demand of a motorcycle and cash and on refusal by the informant, his niece was killed and thrown into the well. They were informed that she died as a result of drowning in the well.
It is submitted by learned counsel for the petitioner that the petitioner happens to be the husband of the deceased. The allegations as levelled in the F.I.R. with respect to the
Patna High Court CR. MISC. No.16898 of 2021(3) dt.16-09-2021 2/2
demand of dowry are false and concocted. It is submitted that there has been no complaint in the past and the investigation has concluded with submission of chargesheet. The petitioner is in custody since 28.4.2020 and has no criminal antecedent.
Heard learned A.P.P. for the State.
Having heard learned counsel for the parties and on going through the materials contained in the case diary including the inquest and postmortem reports, the statement of the witnesses recorded in course of investigation and the petitioner being the husband of the deceased, the Court is not inclined to enlarge the petitioner on bail and the application is rejected.
(Partha Sarthy, J)
Bibhash
U
3 issues framed by the court
Whether the petitioner should be granted regular bail in a dowry death case under sections 304B and 34 IPC.
Whether the requirements for bail application in a dowry death case were met.
Whether the petitioner's assertion of an exonerating explanation was sufficient to grant bail despite being in custody.
1 provisions across 1 enactments
Bambam Yadav
The State of Bihar
Partha Sarthy
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
