Bail application in a dowry-death case under Sections 304(B)/34 IPC. The court found direct allegations against the petitioner and case-diary materials against him, declined bail, and directed the trial court to expedite the trial without undue delay.
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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.55975 of 2024
Arising Out of PS. Case No.-259 Year-2023 Thana- MANIHARI District- Katihar
======================================================
Kundan Kumar Son Of Late Jawahar Rai Village- Jagwati, Ps- Manihari, Dist- Katihar
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Sanjeev Kumar Singh, Advocate For the Opposite Party/s : Mr. Anil Kumar Singh No. 1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA
... ... Opposite Party/s
ORAL ORDER
3 22-11-2024
for the State. Perused the case diary.
2. The petitioner seeks bail in connection with Manihari P.S. Case No. 259 of 2023 instituted for the offence under Sections 304(B)/34 of the Indian Penal Code.
3. Prosecution case in short is that petitioner along
with family members tortured and killed the deceased for nonfulfillment of demand of dowry.
4. It has been submitted on behalf of the petitioner that the petitioner is in custody since 28-11-2023. Petitioner is a man of clean antecedent.
5. It has been further submitted by the petitioner’s counsel that petitioner has been falsely implicated in the present case. Petitioner is the husband of the deceased. Mother-in-law of the deceased has been granted regular bail by this Court vide
Patna High Court CR. MISC. No.55975 of 2024(3) dt.22-11-2024 2/2
order dated 22-04-2024, passed in Cr. Misc. No. 29585 of 2024. There is no independent witness to the occurrence. It is submitted that petitioner is disabled and due to this reason, deceased tried to keep distance from the petitioner, which gave rise to frustration and resulted in suicide. Charge sheet has been submitted in this case.
6. Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner. It is submitted that dead body was found in the baramdah of the petitioner. It is further submitted that inquest report also corroborates the allegation levelled in the FIR. Hence, petitioner does not deserve the privilege of grant of regular bail.
7. Considering the aforesaid facts and circumstances of the case, there being direct allegation against the petitioner and keeping in view the materials available in the case diary against the petitioner, this Court, at this stage, is not inclined to grant bail to the petitioner. Prayer is accordingly rejected .
8. The Trial Court is directed to expedite the trial as expeditiously as possible without any undue delay and unnecessary adjournments.
(Rudra Prakash Mishra, J)
1 issue framed by the court
Whether regular bail should be granted to the petitioner charged under Sections 304(B)/34 IPC in a dowry-death case.
1 provisions across 1 enactments
Kundan Kumar
The State of Bihar
Rudra Prakash Mishra
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
