Patna High Court refused bail to the petitioner, husband of the deceased, in a dowry death case. The court noted specific allegations of conspiracy to kill the wife causing death by neck compression within seven years of marriage, leading to rejection of the bail prayer.
Prayer for regular bail was refused; trial to be expedited.
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.30221 of 2021
Arising Out of PS. Case No.-74 Year-2020 Thana- INARWA District- West Champaran
======================================================
CHANDAN GIRI SON OF DHURUV GIRI RESIDENT OF PIDARI, P.S. INARWA, DISTRICT- WEST CHAMPARAN
... ... Petitioner/s
Versus
The State of Bihar BIHAR
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr.Bimlesh Kumar Pandey, Advocate For the Opposite Party/s : Mr.A.G ======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER
5 15-11-2021 Heard learned counsel for the petitioner and the State.
The petitioner seeks regular bail in Inarwa Police Station Case No. 74 of 2020 dated 2.10.2020 registered for the offences punishable under sections 304B/34 of the Indian Penal Code.
As per the prosecution case, informant’s niece was married to the petitioner four years back in 2016 and soon thereafter petitioner and his family members started subjecting her to cruelty and harassment for dowry. On 1.10.2020 he received information that the accused persons killed her by pressing the neck.
Learned counsel for the petitioner, denying the allegation, submits that in fact niece of the informant died due to illness and the informant has filed this case with ulterior motive
Patna High Court CR. MISC. No.30221 of 2021(5) dt.15-11-2021 2/2
to extort money from the petitioner. There is general and omnibus allegation against all the accused persons and no specific overt has been alleged against the petitioner. Petitioner is in custody since 24.11.2020.
Learned counsel for the State opposes the prayer for bail and submits that there is specific allegation that the petitioner used to demand dowry and committed torture on her and in league with his family members killed his wife in a planned conspiracy. He further submits that the mark was found on the neck of the deceased in the inquest report and post mortem report too reveals that the victim had been killed.
In view of the specific allegation against the petitioner as well as the fact that the informant’s niece died within seven years of marriage under unnatural circumstance at her matrimonial house and the petitioner is the husband of the deceased, his prayer for bail is refused.
As the petitioner is in custody since 24.11.2020, let the trial be expedited and concluded as early as possible.
(Prabhat Kumar Singh, J)
shashi/-
U T
2 issues framed by the court
Whether bail should be granted to the petitioner charged with dowry death and homicide in PS Case No. 74 of 2020.
Whether the specific allegations of conspiracy to kill the wife and the unnatural death within seven years of marriage justify refusal of bail.
Chandan Giri
The State of Bihar
Prabhat Kumar Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
