In a criminal miscellaneous matter regarding anticipatory bail in a dowry death case, the Patna High Court, after noting that the death occurred within seven years of marriage at the petitioner's home and supported by prosecution witnesses, declined the prayer. The application was rejected.
Prayer for anticipatory bail of the petitioner is rejected.
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.17007 of 2021
Arising Out of PS. Case No.-815 Year-2020 Thana- AGAMKUAN District- Patna
======================================================
AMIT KUMAR S/o Ashok Kumar Sinha Resident of Kanti Factory Road, Near Nala Par, Kankarbagh, P.S.- Agam Kuan, District- Patna.
... ... Petitioner/s
Versus
| Thestate Of Bihar =================== |
... ... Opposite Party/s =================================== |
|---|---|
| Appearance : | |
| For the Petitioner/s : : |
Mr. Y. C. Verma, Senior Advocate Mr. Vikas Mohan, Advocate |
| For the Opposite Party/s : | Mr. Md. Shakir Ahmad, APP |
| For the Informant : =================== |
Mr. Rajesh Kumar, Advocate =================================== |
CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER
4 24-03-2022
Heard leaned counsel for the petitioner and learned APP for the State.
The petitioner is apprehending his arrest in a case registered for the offences punishable under Sections 304(B)/34 of the Indian Penal Code and Sections 3/4 of the D.P. Act.
It is a case of dowry death of the informant’s daughter due to non-fulfilment of dowry demand.
It is submitted by learned counsel for the petitioner that the petitioner has falsely been implicated in this case. He further submits that the petitioner has not been arrested at the spot. Petitioner has got clean antecedent.
Learned APP appearing for the State has opposed the prayer for anticipatory bail.
Patna High Court CR. MISC. No.17007 of 2021(4) dt.24-03-2022 2/2
From perusal of the case diary, it appears that the prosecution witnesses have supported the case of the prosecution and it is unnatural death and the death was within seven years of her marriage and the deceased died in the house of the petitioner, as such, I am not inclined to grant anticipatory bail to the petitioner.
Prayer for anticipatory bail of the petitioner is rejected.
(Sunil Kumar Panwar, J)
Brajesh Kumar/- U T
1 issue framed by the court
Whether the petitioner, awaiting arrest in a dowry death case under Sections 304(B)/34 IPC and Sections 3/4 D.P. Act, is entitled to anticipatory bail?
AMIT KUMAR S/o Ashok Kumar Sinha
STATE OF BIHAR
SUNIL KUMAR PANWAR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
