In a bail application under Sections 304(B) and 34 of the IPC related to a dowry death, the Patna High Court rejected the plea, holding that the petitioner is the husband of the deceased and refusing bail while directing expedited trial.
Prayer for bail rejected; trial directed to be concluded within six months.
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.24987 of 2020
Arising Out of PS. Case No.-74 Year-2018 Thana- SASARAM MUFFSIL District- Rohtas
======================================================
SUNIL KUMAR Son of Lalan Singh Resident of Village- Ragho Dihara, Police Station- Suryapura, District- Rohtas at Sasaram, at Present MohallaBeda Redio Station (infront of ) of Police Station- Sasaram (M), DistrictRohtas at Sasaram.
... ... Petitioner/s
Versus
The State of Bihar Bihar
... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Raghunandan Kumar Singh For the Opposite Party/s : Mr.A.G. ======================================================
CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER
5 17-02-2021
Heard learned counsel for the petitioner and the learned A.P.P. for the State.
The petitioner seeks bail in connection with Sessions Trial No. 72 of 2019 arising out of Sasaram (M) P.S. Case No. 74 of 2018 for the offence under Sections 304(B)/34 of the Indian Penal Code and ¾ of the Dowry Prohibition Act.
Learned counsel appearing for the petitioner submits that the petitioner, who is of clean antecedent, is innocent and has not committed any offence. In fact, the petitioner happens to be husband of the deceased and he has falsely been implicated in this case. Neither the petitioner has assaulted the deceased nor he demanded any
Patna High Court CR. MISC. No.24987 of 2020(5) dt.17-02-2021 2/2
dowry from the deceased in any manner. The unfortunate petitioner is rotting in judicial custody since 08.07.2018.
Learned A.P.P. for the State has opposed the prayer for bail and submitted that the petitioner is the husband of the deceased and he killed his wife due to non-fulfillment of demand of dowry. Prosecution witnesses have also supported the prosecution version.
Considering the facts and circumstances of the case, this Court is not inclined to grant bail to the petitioner. Accordingly, the prayer for bail of this petitioner is rejected.
However, learned trial court is directed to expedite
the trial and try to conclude it preferably within a period of six months from the date of this order.
(Arvind Srivastava, J)
brajesh/-
U T
1 issue framed by the court
Whether bail should be granted to the husband accused charged with dowry death under Section 304(B) IPC who claims innocence.
2 provisions across 1 enactments
Sunil Kumar
The State of Bihar
Arvind Srivastava
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
