Anticipatory bail application by a man apprehending arrest in a dowry-death case registered under IPC sections for the death of his wife within seven years of marriage. Considering the petitioner's relationship to the deceased and the timing of death, the court declined bail and rejected the prayer.
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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.26472 of 2024
Arising Out of PS. Case No.-93 Year-2023 Thana- RAJEPUR District- East Champaran
======================================================
Jitendra Kumar @ Jitendra Pandit Son Of Rama Pandit @ Ramu Pandit Resident Of Village - Salempur, P.S. - Rajepur, District - East Champaran
... ... Petitioner/s
Versus
The State Of Bihar
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr.Vijay Shankar Shrivastava For the Opposite Party/s : Mr.Pramod Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER
5 12-07-2024 Heard learned counsel for the petitioner and
learned A.P.P appearing on behalf of the State.
The petitioner is apprehending his arrest in a
case registered for the offences punishable under
Sections 304(B), 201, 34 of the Indian Penal Code.
The accusation is of killing the daughter of the
informant by her in-laws family members including the
petitioner.
It is submitted by learned counsel for the petitioner that petitioner is innocent and he has falsely
been implicated in this case. The petitioner is husband of the deceased. The deceased died due to diarrhea and
Patna High Court CR. MISC. No.26472 of 2024(5) dt.12-07-2024 2/3
vomiting. The petitioner and other family members treated the deceased by local doctor but the deceased could not survive and died. After death, the family members of the deceased were informant and in their presence, last rituals of the deceased was done. Moreover, for the alleged occurrence of 21.04.2023, F.I.R was registered on 01.05.2023 without explaining the delay. A statement has been made in para 3 of the petition that petitioner has got no criminal antecedent.
In contra, learned A.P.P appearing on behalf of the State has vehemently opposed the prayer for anticipatory bail of the petitioner and submitted that petitioner is husband of the deceased. The deceased died within seven years of marriage. During investigation, the witnesses have also supported the case of the prosecution.
Considering the fact that petitioner is husband of the deceased and the death occurred within seven years of the marriage, this Court is not inclined to grant
Patna High Court CR. MISC. No.26472 of 2024(5) dt.12-07-2024 3/3
privilege of anticipatory bail to the petitioner. The prayer
for grant of anticipatory bail to the petitioner stands
rejected.
(Sunil Kumar Panwar, J)
Shageer/-
U T
1 issue framed by the court
Whether anticipatory bail should be granted to the petitioner, husband of the deceased, accused of dowry death occurring within seven years of marriage.
3 provisions across 1 enactments
Jitendra Kumar @ Jitendra Pandit
The State Of Bihar
Sunil Kumar Panwar
As recorded by the court registry
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