The Patna High Court rejected the bail petition of an accused officer in a case alleging dowry-related murder under sections 498A and 304B IPC, directing the trial court to expedite proceedings.
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.20933 of 2022
Arising Out of PS. Case No.-398 Year-2021 Thana- TARAIYA District- Saran
======================================================
MANOJ RAM son of Chhathilal Ram Resident of Village - Deorhi, Police Station - Taraiya, District - Saran (Chapra).
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
====================================================== Appearance :
For the Petitioner/s : Mr.Sachida Nand Rai For the Opposite Party/s : Mr.Dr. Ajeet Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH
ORAL ORDER
3 08-09-2022
Learned counsel for the petitioner is permitted to remove defect (s), as pointed out by the office, if any, within a period of four weeks on resumption of physical mode.
Heard learned counsel for the petitioner and learned APP for the State.
The petitioner has preferred this application for grant of regular bail in a case registered under sections 498A and 304B read with 34 of the Indian Penal Code.
As per the prosecution case, the allegation against the petitioner and the co-accused persons is of torturing and committing murder of the victim Pushpa Devi by hanging her due to non-fulfillment of Rs. 2 lacs as dowry.
Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this
Patna High Court CR. MISC. No.20933 of 2022(3) dt.08-09-2022 2/2
case. Nothing has been recovered from the conscious possession of the petitioner. The petitioner is the husband of the deceased. Neither any dowry was demanded nor the deceased was tortured. The petitioner has clean antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 02.03.2022.
Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner and further submitted that as per the inquest report a rope mark was present on the neck of the deceased and it was found that the rope was deeply marked on the front portion of the neck. There is sufficient material available on record against the petitioner to hang her to death.
Considering the aforesaid facts and circumstances and the heinous nature of allegation against the petitioner, I am not inclined to enlarge this petitioner above-named on bail.
Learned Trial Court is directed to expedite the trial and conclude the same preferably within 9 months.
The bail petition stands rejected.
(Chandra Prakash Singh, J)
atul/-
U T
1 issue framed by the court
Whether to grant bail to the husband accused in a dowry-related murder case alleging excessive dowry demands and hanging of victim.
1 provisions across 1 enactments
Manoj Ram
The State of Bihar
Chandra Prakash Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
