Vishal Kumar v. the State of Bihar
Case brief
What is this about?
In a criminal miscellaneous matter concerning charges of dowry death, the Patna High Court rejected an application for regular bail. Despite the petitioner's alibi and lack of injuries on the victim, the Court denied bail due to the statutory presumption arising from the victim's death within a year of marriage.
What did the court decide?
Regular bail application stands rejected denying privilege of bail to the petitioner.
What the court decided
IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.17521 of 2024
Arising Out of PS. Case No.-358 Year-2022 Thana- GORAUL District- Vaishali
======================================================
VISHAL KUMAR S/O- LATE BRIJ NANDAN SINGH R/O- VILLAGECHAKBYAS, P.S.- GORAUL, DIST.- VAISHALI AT HAJIPUR.
... ... Petitioner/s
Versus
THE STATE OF BIHAR
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr. Lokesh Kumar For the Opposite Party/s : Mr. Rabindra Kumar ======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER
4 13-09-2024
- Heard learned counsel for the petitioner and
Issues for consideration
3 issues framed by the court
Whether regular bail should be granted to the petitioner accused of dowry death under sections 304(B) and 34 IPC.
Whether the presumption against the husband under Section 113-B of the Indian Evidence Act applies given the circumstances of death.
Whether the petitioner can avail the benefit of bail despite the presumption of dowry death.
Parties & counsel
- petitioner
VISHAL KUMAR
- respondent
THE STATE OF BIHAR
Coram
SATYAVRAT VERMA
Case details
As recorded by the court registry
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