The High Court refused bail to the petitioner in a dowry death case alleging conspiracy and torture. The court held that due to specific allegations and unnatural death within seven years of marriage, bail was inappropriate.
Bail prayer 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.9697 of 2021
Arising Out of PS. Case No.-263 Year-2018 Thana- ATHMALGOLA District- Patna
======================================================
Chandan Kumar @ Chandan Kumar Singh Son Of Sunil Singh R/O Vill.Bujruk, P.S.- Athmalgola, Dist.- Patna
... ... Petitioner
Versus
The State Of Bihar
... ... Opposite Party
====================================================== Appearance : For the Petitioner/s : Mr.Ashok Kumar Kashyap, Advocate For the Opposite Party/s : Mr.A.G. ======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER
4 05-08-2021
Heard learned counsel for the petitioner and the State.
The petitioner seeks regular bail in Athmalgola Police Station Case No. 263/2018 registered for the offences punishable under sections 304B/201/120B/34 of the Indian Penal Code.
As per the prosecution case, informant’s daughter was married to the petitioner in 2014 and soon thereafter petitioner and his family members started subjecting her to cruelty and harassment for dowry. Finally they killed her and concealed the dead body.
Learned counsel for the petitioner submits that in fact daughter of the informant was suffering from vomiting and loose motion and died on the way to the hospital. Petitioner is in custody since 5.8.2020.
Patna High Court CR. MISC. No.9697 of 2021(4) dt.05-08-2021 2/2
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.
In view of the specific allegation against the petitioner as well as the fact that the informant’s daughter died within seven years of marriage under unnatural circumstance and the petitioner is the husband of the deceased, his prayer for bail is refused.
(Prabhat Kumar Singh, J)
Shashi
2 issues framed by the court
Whether bail should be granted to the petitioner in a case involving dowry death allegations.
Whether the meeting of mind between the petitioner and family members could be inferred from the unnatural cause of death.
1 provisions across 1 enactments
Chandan Kumar @ Chandan Kumar Singh
The State Of Bihar
PRABHAT KUMAR SINGH
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
