In a bail application under Sections 304(B)/34 IPC for dowry death, the Patna High Court rejected the petitioner's claim of false implication, concurring with the State that recent-marriage presumptions are strong.
Bail application 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.27569 of 2021
Arising Out of PS. Case No.-721 Year-2019 Thana- BHABHUA District- Kaimur (Bhabua)
======================================================
Nanda Mali Son Of Ram Surat Mali Resident Of Village - Palaka, P.S.Bhabua, District - Kaimur At Bhabua.
... ... Petitioner/S
Versus
The State Of Bihar
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr. Mirityunjay Kumar For the State : Mr. Mithlesh Kumar Khare For the Informant : Mr. Dhaneshwar Prasad Gupta ======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER
Heard learned counsel for the petitioner, learned
counsel for the informant and learned APP for the State.
The petitioner seeks bail in a case registered for the
offences punishable under Section 304(B)/ 34 of the Indian Penal Code.
The learned counsel for the petitioner submits that the petitioner is in custody since 03.12.2019, he is a person with clean antecedent and charge-sheet has been submitted in the case.
The learned counsel for the petitioner submits that the informant alleges that his daughter was married with the petitioner on 23.06.2018. On 02.12.2019, the son of the informant received information on his mobile that his sister has
Patna High Court CR. MISC. No.27569 of 2021(3) dt.18-04-2022 2/3
committed suicide as after the marriage, the accused were demanding the motorcycle.
The learned counsel for the petitioner submits that the petitioner, being the husband, has been falsely implicated in the present case. Informant is not an eye witness to the occurrence and as far as demand of dowry is concerned, the same appears to be general and omnibus in nature. The F.I.R. itself discloses that the brother of the deceased received information that his sister had committed suicide, as such, the petitioner deserves bail.
The learned counsel for the informant as well as learned A.P.P. for the State opposes the bail application and submits that the marriage was only an year old and even presuming what has been alleged is true, then also the presumption is against the petitioner in terms of Section 304(B) of the IPC. The learned counsel for the informant further submits that a girl, who has been married recently, would never commit suicide, until and unless, the condition has been made so conducive by the husband and her family members, but she has no option but to take her life. The learned counsel for the informant further submits that it was the petitioner, who made the condition so conducive for the deceased that she has no
Patna High Court CR. MISC. No.27569 of 2021(3) dt.18-04-2022 3/3
option, but to commit suicide.
The Court concurs with the submission of the learned
counsel for the informant and not inclined to grant bail to the petitioner.
Accordingly, prayer for bail of the petitioner stands
rejected.
(Satyavrat Verma, J)
vikash/-
U T
2 issues framed by the court
Whether bail should be granted to the petitioner charged with dowry death under Sections 304(B)/34 IPC.
Whether the petitioner's claim of false implication warrants release on bail in a recent marriage dowry death case.
Nanda Mali
The State of Bihar
SATYAVRAT VERMA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
