Dismissed¶22

Md. Salim v. The State of Bihar

Patna HC9 May 2025CR. MISC./4619/2025

Case brief

AI extract

What is this about?

Patna High Court; CRIMINAL MISCELLANEOUS No.4619 of 2025; oral order dated 09-05-2025; Justice Prabhat Kumar Singh; regular bail rejected/dismissed; dowry death; apprehension of arrest; section 304 (B) IPC; section 498 A IPC; section 120 (B) IPC; section 34 IPC; D. P Act sections 3/4; PS Case No.-22 Year-2024; Thana Salmari; District Katihar; petitioner Md. Salim; husband of deceased; married 20.01.2024; in custody since 30.04.2024; informant not eyewitness; asphyxia due to hanging; unnatural death within 7 years of marriage; in-laws house; bail prayer rejected.

What did the court decide?

The prayer for regular bail of the petitioner is rejected, the court acting on the nature of the accusation and the fact that the deceased died in unnatural condition within 7 years of marriage in her in-laws house. ¶22

Md. Salim Vs The State of Bihar — Dowry and Cruelty | Patna HC (2025)

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.4619 of 2025

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Arising Out of PS. Case No.-22 Year-2024 Thana- Salmari District- Katihar

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======================================================

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Md. Salim Son of Late Md. Hasnain Resident of Village - Mohra Tola Sindhol, P.S. - Salmari, District - Katihar

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

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====================================================== Appearance :

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For the Petitioner/s : Mr. Md Rahmatullah, Advocate For the Opposite Party/s : Mr. Ahmad Ali , APP ======================================================

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CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER

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3 09-05-2025

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Heard learned counsel for the petitioner and the

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State .

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Petitioner apprehends arrest in a case registered for the offence punishable under section 304 ( B ), 498 A , 120 ( B ) and 34 of Indian Penal Code and 3/ 4 of the D. P Act.

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3 . It is a case of dowry death. Petitioner was married

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with daughter of informant on 20.01.2024 . Later on , petitioner and his family members started subjecting her to torture and harassment for non-fulfillment of demand of dowry and finally accused persons killed the deceased.

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Learned counsel appearing for the petitioner, while denying the allegation, submits that the petitioner has falsely been implicated in this case because petitioner is husband of the deceased. Informant is not an eye witness and only a

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Patna High Court CR. MISC. No.4619 of 2025(3) dt.09-05-2025 2/2

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suspicion has been raised against this petitioner. As a matter of fact, petitioner was not present in his house at the time of occurrence . There is no direct or indirect material to connect the petitioner with the alleged occurrence . Post mortem report reveals that cause of death is asphyxia due to hanging. Petitioner is in custody since 30.04.2024 .

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5 . Learned counsel for the State opposes the prayer for bail and submits that petitioner is the husband of the deceased and there is direct and specific allegation that he and his family members killed the deceased for non-fulfillment of dowry demand. The deceased died in unnatural circumstances within 7 years of marriage in her matrimonial house .

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Considering the nature of accusation and the fact that deceased died in unnatural condition within 7 years of marriage in her in-laws house , prayer for regular bail of the petitioner is rejected.

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(Prabhat Kumar Singh, J)

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Koushik/-

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U T

Md. Salim v. The State of Bihar

Case brief

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Md. Salim v. The State of Bihar

Case brief

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