The Patna High Court dismissed a bail application filed by an accused in a dowry death case involving a motorcycle accident AFP, rejecting the claim that the death was purely accidental.
Bail application was rejected; Trial Court directed to expedite trial within one year.
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.40672 of 2023
Arising Out of PS. Case No.-104 Year-2022 Thana- NARDIGANJ District- Nawada
======================================================
SUMIT KUMAR S/o Uday Singh R/o village-Kazibigha, P.S.-Nardiganj, Distt.-Nawada
... ... Petitioner/s
Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Saroj Kumar Choudhary, Advocate For the Opposite Party/s : Mr. Dilip Kumar No. 1, APP ======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
2 21-07-2023
Counsel for the informant and learned APP for the State.
The petitioner is an accused in connection with
Nardiganj P.S. Case No. 104 of 2022 registered for the offences under sections 304(B), 201 and 34 of the Indian Penal Code lodged on 27.04.2022 by the informant, Kumkum Devi.
As per the prosecution story, the present petitioner was married to the deceased lady in 2021 but thereafter the informant side has started threatening her which was conveyed to the informant side. On the alleged night, the petitioner informed the informant that she has sustained injuries due to motorcycle accident. On this, they went to the accused’s place but was informed that she is being treated at hospital. Later, the informant came to know about the death of the deceased daughter as she had multiple injuries. Suspecting killing. The
Patna High Court CR. MISC. No.40672 of 2023(2) dt.21-07-2023 2/2
FIR.
Learned Counsel for the petitioner submits that an accident has been converted into killing for which he is suffering, he himself took the lady to the hospital where she succumbed to the injuries.
Learned Counsel for the informant, on the other hand, has drawn the attention to this Court, the observation of the learned Session Judge to show that on perusal of Postmortem Report, several injuries were found on the person of the deceased which indicated struggle on the part of the deceased lady prior to infliction of fatal injury.
Considering the submissions put forward by the rival parties as also observation made by the learned Session Judge, this Court is not inclined to extend him privilege of bail, which is accordingly rejected.
The Trial Court is directed to expedite the trial and conclude the same preferably within a period of one year.
(Rajiv Roy, J)
Neha/-
U T
1 issue framed by the court
Whether bail should be granted to the accused in a case alleging dowry death arising from a staged motorcycle accident.
1 provisions across 1 enactments
Sumit Kumar S/o Uday Singh
The State of Bihar
Rajiv Roy
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
