The Patna High Court refused regular bail to a petitioner, husband of a deceased woman who died in an alleged suspicious train accident, in a case involving offences under IPC 498A and 304B/34.
The prayer for bail was refused.
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.40968 of 2021
Arising Out of PS. Case No.-189 Year-2019 Thana- KIUL RAIL P.S. District- Lakhisarai
======================================================
MD. SALIM @ MD. SHALIM Son of Md. Hanif Resident of Village - 33/2, G.T. Road, Risra, P.S.- Risra, Distt.- Hooghly (W.B.)
... ... Petitioner/s
Versus
The State of Bihar Bihar
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr.Sanjeev Kumar For the Opposite Party/s : Mr.Mukesh Kumar Singh ======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER
3 07-12-2021
Heard learned counsel for the petitioner and the State.
The petitioner seeks regular bail registered for the offences punishable under sections 498A, 304B/34 of the Indian Penal Code.
As per the prosecution case, petitioner committed torture and caused death of the informant’s sister.
Learned counsel for the petitioner submits that petitioner is the husband of the deceased. It is a case of accidental death and in fact when the petitioner and his family members including the deceased were returning by train after attending Nikah ceremony of his younger brother, the victim suddenly became trace less for which Sanha was lodged with Jhajha Rail police station on 18.10.2019. However, same day her dead body was found lying near Rampur Dumra Station,
Patna High Court CR. MISC. No.40968 of 2021(3) dt.07-12-2021 2/2
whereas UD case was also registered. FIR was lodged after four days and there is no explanation of the delay. Petitioner is in custody since 27.2.2021.
Learned counsel for the State opposes the prayer for bail and submits that the petitioner is the husband of the victim who died in accident in suspicious condition while she was travelling in train with the petitioner and his family members.
Considering the nature of accusation against the petitioner, his prayer for bail is refused.
(Prabhat Kumar Singh, J)
shashi/-
U
1 issue framed by the court
Whether bail shall be granted to the petitioner who is accused of offences under sections 498A and 304B/34 IPC.
1 provisions across 1 enactments
Md. Salim @ Md. Shalim
The State of Bihar
Prabhat Kumar Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
