Anticipatory bail sought by a BSF personnel accused under Sections 304B/34 IPC of killing his wife within one and a half years of marriage, allegedly for dowry. He claimed alibi and suicide. The APP opposed, noting the fresh alibi plea and continuing investigation. The court declined anticipatory bail and rejected the prayer.
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.43926 of 2024
Arising Out of PS. Case No.-867 Year-2023 Thana- MANER District- Patna
======================================================
Shashikant Kumar @ Bablu, Son of Late Akhilesh Rai @ Late Akhila Nand Singh R/o Vill.- Sherpur, P.S.- Maner, District - Patna
... ... Petitioner/s
Versus
The State of Bihar
| ============== Appearance : |
... ... Opposite Party/s ======================================== |
|---|---|
| For the Petitioner/s | : Mr. Yogesh Chandra Verma- Sr. Advocate Mr. Ghanshyam Tiwary |
| For the State | : Dr. Kumar Uday Pratap- A.P.P. |
| For the Informant ============== |
: None ======================================== |
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER
3 11-09-2024
learned APP for the State.
arrest in a case registered for the offences punishable under Sections 304(B)/ 34 of the Indian Penal Code.
Patna High Court CR. MISC. No.43926 of 2024(3) dt.11-09-2024 2/4
bed, thus alleges that she was killed by the accused persons at the behest of the petitioner, further, alleges that the accused persons were also demanding dowry and for non-fulfilment of the same, the victim was assaulted earlier.
Patna High Court CR. MISC. No.43926 of 2024(3) dt.11-09-2024 3/4
then, all deaths are not dowry deaths. It is further submitted that even the post mortem report does not corroborate the allegation of murder rather gives an impression that victim committed suicide.
Patna High Court CR. MISC. No.43926 of 2024(3) dt.11-09-2024 4/4
representation from his side would have been given to the concerned police official and it cannot be presumed that petitioner being employed with the BSF is not aware of the law. It is also submitted that even presuming what has been submitted by the learned senior counsel appearing on behalf of the petitioner to be true, but then, the fact which remains admitted is that the deceased died within one and a half years of marriage and even if it was not a dowry death and the victim committed suicide, then it can safely be presumed that it was the petitioner being husband, who had created the condition conducive for the deceased to take the extreme steps for ending her life. It is also submitted that investigation is still continuing.
(Satyavrat Verma, J)
vikash/-
U T
2 issues framed by the court
Whether anticipatory bail should be granted to the petitioner in a dowry death case where he claims alibi and alleges the death was suicide.
Whether the petitioner's plea of alibi, raised for the first time, warrants pre-arrest protection.
1 provisions across 1 enactments
Shashikant Kumar @ Bablu
The State of Bihar
Satyavrat Verma
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
