Single judge dismissed a bail petition of the petitioner accused under Section 304-B IPC for dowry death. Presumption under Section 113-B Evidence Act held applicable; bail denied at the stage, subject to renewal after nine months.
Application for regular bail dismissed; liberty to renew after nine months.
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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.32208 of 2021
Arising Out of PS. Case No.-467 Year-2018 Thana- NAUTAN District- West Champaran
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CHANDRIKA SAHANI S/o Manegar Sahani R/o village- Jagdishpur, Malahi Tola, P.S.- Nautan (Jagdishpur), District- West Champaran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Sanjeev Kumar For the Opposite Party/s : Mr. B. N. Pandey ======================================================
CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER
4 07-03-2022
Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State.
The petitioner seeks regular bail in connection with Nautan (Jagdishpur) Police Station Case No. 467 of 2018, registered for the offences punishable under Sections 304-B/34 of the Indian Penal Code.
The prosecution case, as per the First Information Report, is that the marriage of the sister of the informant was solemnized with the son of the petitioner in the year 2018 and within three months of the marriage, the sister of the informant died in her matrimonial home in suspicious condition and it is alleged that the petitioner, along with the family members, killed the deceased for non-fulfillment of the demand of dowry.
Learned Counsel for the petitioner submits that the
Patna High Court CR. MISC. No.32208 of 2021(4) dt.07-03-2022 2/3
petitioner is the father-in-law of the deceased and has not committed any offence in the manner alleged. He further submits that the allegation against the petitioner is general and omnibus in nature and he is in custody since 22.06.2020.
On the other hand, learned Additional Public Prosecutor, referring to the contents of the First Information Report and the case diary, submits that there is specific allegation against the petitioner of demanding dowry and torture and within three months of the marriage, the deceased has died in her matrimonial home. He further submits that the post mortem examination report corroborates the allegation of dowry death inasmuch as the doctor has opined the cause of death to be strangulation due to throttling. He further submits that there is presumption against the petitioner under Section 113-B of the Evidence Act and the petitioner has failed to discharge the prima facie obligation and has not given any justification regarding the death of the deceased within three months of the marriage in her matrimonial home.
Regards being had to the submissions advanced on behalf of the parties concerned and taking into consideration the materials available on record and the fact that there is specific allegation against the petitioner of demanding dowry and within
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three months of the marriage, the deceased died in her matrimonial home due to strangulation and her dead body was found in a bamboo clump, I am not inclined to grant regular bail to the petitioner, at this stage.
This application is, accordingly, dismissed.
However, the petitioner will be at liberty to renew his prayer for bail after nine months from today if the trial does not register any substantial progress.
(Anil Kumar Sinha, J.)
Prabhakar Anand/-
U √ T √
3 issues framed by the court
Whether regular bail should be granted to the petitioner accused of causing the dowry death of his relative.
Whether the presumption under Section 113-B of the Evidence Act applies to the petitioner in these circumstances.
Whether the petitioner is entitled to renew bail prayer after a specified period if trial is delayed.
2 provisions across 2 enactments
Chandrika Sahani
The State of Bihar
Anil Kumar Sinha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
