The Patna High Court in a criminal miscellaneous matter rejected the petitioner's prayer for regular bail, upholding his detention in a Section 304(B) IPC dowry death case due to direct allegations of dowry demand and torture against him as the husband of the deceased.
Prayer 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.22938 of 2020
Arising Out of PS. Case No.-153 Year-2019 Thana- KAUWAKOL District- Nawada
======================================================
GANESH CHOUDHARY S/O Baizal Choudhary Resident of Village - Mandra, P.S.- Kawakole, District - Nawada.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
====================================================== Appearance :
For the Petitioner/s : Mr. Sheo Kumar Prasad For the Opposite Party/s : Mr. Mukeshwer Deyal, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER
7 18-01-2021
Heard learned counsel for the petitioner and learned
counsel for the State.
Petitioner is accused in connection with Kawakole P.S. Case No. 153 of 2019 registered under Sections 304(B), 34 of the I.P.C.
Submission of learned counsel for the petitioner is that petitioner is innocent and has falsely been implicated in this case. There is general and omnibus allegation against him. It is also submitted that petitioner is in custody since 23.12.2019.
Learned A.P.P. appearing on behalf of the State opposes the prayer of the petitioner by contending that petitioner is husband of the deceased. There is direct allegation of demand of dowry and torture against him. Hence, he does not deserve for regular bail.
Patna High Court CR. MISC. No.22938 of 2020(7) dt.18-01-2021 2/2
Having considered the above facts and circumstances
of the case, I am not inclined to enlarge the petitioner on bail.
Accordingly, prayer of the petitioner for bail is rejected.
(Arvind Srivastava, J)
shailendra/-
U T
2 issues framed by the court
Whether the petitioner is entitled to be released on regular bail in a dowry death case as an accused.
Whether direct allegations of dowry demand and torture against the husband warrant denial of bail.
1 provisions across 1 enactments
Ganesh Choudhary
The State of Bihar
Arvind Srivastava
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
