Regular bail sought in a Gurua PS dowry death case where the petitioner's wife died an unnatural death within two years of marriage amid alleged demands of Rs. 2 lakh and a motorcycle. The court noted the hasty cremation of the body and declined bail, permitting renewal after six months.
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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.32216 of 2022
Arising Out of PS. Case No.-233 Year-2020 Thana- GURUA District- Gaya
======================================================
Deepak Yadav Son Of Sitaram Yadav R/O Village-Pachmah, P.S.-Gurua, District-Gaya.
... ... Petitioner/s
Versus
The State Of Bihar
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr. Vinod Kumar, Advocate For the Opposite Party/s : Mr. Ram Naresh Ray, APP ======================================================
CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER
7 14-02-2023 Heard learned counsel for the petitioner and learned
APP for the State.
Petitioner seeks regular bail in connection with Gurua P.S. Case No. 233 of 2020 registered for the offences punishable under Sections 304 (B) and 201/34 of IPC.
As per the prosecution, the informant’s daughter was killed by this petitioner and her in-laws due to non-fulfillment of dowry demand and a half burnt body of the victim was recovered during cremation.
The main submissions advanced by learned counsel Mr. Vinod Kumar, appearing for the petitioner are that the allegation of dowry death against the petitioner made in the FIR is completely false, in fact the victim who happens to be wife of this petitioner, committed suicide and at the time of alleged
Patna High Court CR. MISC. No.32216 of 2022(7) dt.14-02-2023 2/3
occurrence of suicide there was no one present from the family of the petitioner including the petitioner at the house and during the investigation some witnesses stated before the investigating officer that the deceased herself committed suicide and the concerned police officer who supervised the case also made the same conclusion and the petitioner has been languishing in jail for two years and one month and his case has been recently committed and his trial is not started till now. Further submission is that the informant participated in the cremation of the deceased and thereafter with malice intention he filed the instant case.
Learned APP Mr. Ram Naresh Ray has opposed the prayer for bail.
Having considered the seriousness of the occurrence which relates to dowry death allegedly committed by this petitioner and his family members for the demand of two lakh rupees and a motorcycle and the victim died unnatural death within two years of her marriage and as per the allegation the accused persons including the petitioner cremated the dead body of the deceased in hurried manner which goes against the petitioner, in the opinion of this Court the petitioner does not deserve to the privilege of bail at this stage. Accordingly, his
Patna High Court CR. MISC. No.32216 of 2022(7) dt.14-02-2023 3/3
prayer for bail stands rejected.
The petitioner may renew his prayer for bail after six
months if any significant progress is not made in his trial by the trial Court.
(Shailendra Singh, J.)
maynaz/-
U T
1 issue framed by the court
Whether the petitioner accused of dowry death under Sections 304B and 201/34 IPC deserves regular bail given the seriousness of the allegation.
1 provisions across 1 enactments
Deepak Yadav
The State Of Bihar
Shailendra Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
