Petitioner sought bail in a dowry death case under Sections 304(B) and 34 IPC. The Court noted the FIR delay and rejected the bail application, directing the court below to conclude the trial within nine months.
Bail application rejected. Trial to be disposed within nine months.
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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.4729 of 2023
Arising Out of PS. Case No.-372 Year-2021 Thana- MANIYARI District- Muzaffarpur
======================================================
MD. PARWEZ Son of Md. Murad Resident of Village - Mohammadpur Mubarak, P.S.- Maniyari in the District of Muzaffarpur.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr.Ranjeet Kumar For the Opposite Party/s : Mr.Binod Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY
ORAL ORDER
2 28-04-2023
Heard learned counsel for the petitioner as well as learned APP for the State.
In this case, the petitioner is seeking regular bail in connection with Maniyari P.S. Case No. 372 of 2021, registered for the offences punishable under Sections 304(B), 34 of the IPC.
As per allegation, the marriage of the daughter of the informant was solemnized with the petitioner on 31.05.2021. The accused persons were demanding gold chain, ring and Rs. 50,000/- cash. When the informant expressed his inability, they committed the murder of the deceased on 21.10.2021. The informant went to the matrimonial house of his daughter and saw her dead body. He gave information to Maniyari police
Patna High Court CR. MISC. No.4729 of 2023(2) dt.28-04-2023 2/2
station on the same day. Due to mental trauma and agony, he furnished his fardbeyan on 05.11.2021.
The learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. There is no explanation of delay in lodging of the FIR. The occurrence had taken place on 21.10.2021 but the FIR was registered on 05.11.2022.
The victim died within six months of her marriage in her matrimonial house. There is allegation that the petitioner, who is husband and other matrimonial inmates committed dowry death. So far as delay in lodging of the FIR is concerned, that has been explained in the fardbeyan itself.
In my view, the petitioner does not deserve the privileges of bail, which is hereby rejected.
The learned court below shall take every endeavor to dispose of the trial, preferably within a period of nine months.
(Nawneet Kumar Pandey, J)
Kundan/Nirmal U T
2 issues framed by the court
Whether the petitioner deserves bail in a case alleging dowry death under Section 304(B) IPC.
Whether the delay in lodging the FIR affects the case against the petitioner.
1 provisions across 1 enactments
Md. Parwez
The State of Bihar
Nawneet Kumar Pandey
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
