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IN THE HIGH COURT OF JUDICATURE AT PATNA
BIBEK CHAUDHURI, J.
Cr.WJC No. 181 of 2025
(18.4.2025)
Pratik Shail @ Pratik Sail ... Petitioner
vs.
State of Bihar & Ors. ... Respondents
Constitution of India – Article 226 – Criminal Procedure Code, 1973 – Section 482 – Indian Penal Code, 1860 – Sections 304B/34 – Dowry death – Common intention – Writ petition under Article 226 of Constitution of India with prayer for quashment of F.I.R. is maintainable in view of same prayer having been rejected previously under Section 482 of Code of Criminal Procedure, 1973 – Dismissal of earlier Section 482 petition does not bar filing of subsequent petition under Section 482 Cr.P.C. – Instant application under Article 226 of Constitution of India is maintainable under subsequent facts and circumstances of this case. (Paras 39 and 42)
Indian Penal Code, 1860 – Sections 304B/34 – Constitution of India – Article 226 – Dowry death – Common intention – Quashing petition – Power of quashing should be exercised sparingly with circumspection and in rarest of rare case – While examining FIR/complaint, quashing of which is sought, Court cannot embark upon enquiry as to reliability or genuineness or otherwise of allegations made therein – There is no evidence collected by Investigating Officer as to who collected Ascitic Fluid in pathological test and how – Medical report is not conclusive that deceased expired as a result of abdominal tuberculosis – Medical documents amply show that death of deceased did not occur otherwise than under normal circumstances – No medical paper has been filed by petitioner to show that he took proper care of disease from which his wife was suffering for two months – This prima facie shows negligence on part of petitioner and his family members, for which he may be held liable for committing offence under Section 304 A of IPC – Writ petition dismissed with direction for CBI investigation. (Paras 54, 58, 62, 65, 73, 75 and 85)
Criminal Procedure Code, 1973 – Section 438 – Rejection of application for anticipatory bail – Judicial order prevails over administrative order – When by virtue of a judicial order petitioner was directed to surrender before jurisdictional Magistrate and said order remains valid up to Supreme Court, he must surrender and subsequent to his surrender, he may take appropriate action in accordance with law – Direction of Supreme Court cannot be flouted under garb of administrative order passed by High Court. (Para 84)
Bibek Chaudhuri, J. – The petitioner is a suspended Judicial Officer in the cadre of Bihar Judicial Service. He has invoked Constitutional Writ Jurisdiction under Article 226 of the Constitution of India for the following reliefs: –
“(i) For issuance of appropriate Writ/Writs, direction/directions or orders/order, quashing the Alam Ganj P. S. Case No. 747 of 2023, dated 18/08/2023, registered under sections 304-B & 34 of Indian Penal Code, (45 of 1860) on the basis of fardbyan by Ashok Kumar, son of Late Jagdish Prasad at Paras Hospital on 17/08/2023 at 14.45 hours, against the above-named petitioner.
(ii) To issue further appropriate writ, order or direction in the nature of mandamus commanding the Respondents not to take any coercive steps against the Petitioner in pursuance of Alam Ganj P.S. Case No. 747 of 2023, dated 18/08/2023 during pendency of this case.
(iii) For any other relief/reliefs, which this Hon’ble Court may grant in general interest, that may be deemed appropriate and necessary in this case.”
2. It is pertinent to mention at the outset that marriage of the daughter of the informant (Respondent No. 6) was solemnized with the petitioner on 11th of May, 2022. She died in Paras Hospital, Patna on 17th of August, 2023 at about 02.45 p.m. After her death, the informant lodged a complaint to the SHO, Alam Ganj Police Station, on the basis of which Alam Ganj P. S. Case No. 747 of 2023 under Section 304B/34 of the Indian Penal Code was registered on 18th of August, 2023. The F.I.R. contained an allegation that after the lapse of one month of marriage of the daughter of the informant with the petitioner, he along with his parents and sister started assaulting the deceased on demand of balance amount of dowry to the tune of Rs. 20,00,000/-. She was threatened that she would not be able to live at her matrimonial home peacefully if the said amount of Rs. 20,00,000/- be not paid to the accused persons. The petitioner along with other accused persons increased the amount of torture upon the deceased daughter of the informant, when they came to know that she informed the incident of physical and mental cruelty to the family members of her paternal home. It was also alleged that in the said marriage, the petitioner and his family members demanded in all Rs. 50,00,000/- as dowry. Out of which Rs. 22,00,000/- was paid in the form of a car valued at Rs. 20,00,000/- and gold ornaments of Rs. 2,00,000/- besides bronze and steel utensils etc. An amount of Rs. 8,00,000/- was paid to the accused at the time of Tilak ceremony. As per the demand of the accused persons, Rs. 20,00,000/- was due towards the arrears dowry amount, for which, the accused persons including the petitioner subjected the daughter of the informant with untold torture. On 13th of August, 2023, the father of the deceased talked to the father of the petitioner and inquired about his daughter. He informed him that everything was well in respect of his daughter. Subsequently, the informant got an information that on 15th of August, 2023 at about 04.12 p.m. that her daughter was admitted to a private nursing home under the name and style of Universal Emergency Hospital and Trauma Centre Private Limited at Kumhrar, Patna with the history of intermittent vomiting since two months with severe left sided periumbilical pain. The patient had history of loose motion and vomiting from two days back from the date of her admission. She was diagnosed with abdominal tuberculosis on the basis of an ultra sonography report done from an institute outside the said nursing home and hypovolaemic shock. The patient was discharged on Leave Against Medical Advice (LAMA) by her family members from her paternal side on 15th of August, 2023 at about 10.12 p.m. At the time of discharge, the patient was stable and vitrals were maintained. It was further stated by the informant that he admitted his daughter to Paras, HMRI on 16th of August, 2023 at about 12.44 a.m. and she died in the said hospit
The court upheld the framing of charges for dowry death, finding sufficient evidence of cruelty and demand for dowry leading to the deceased's unnatural death within seven years of marriage.
The court affirmed conviction for dowry death, highlighting evidentiary requirements under IPC and the presumption of guilt upon failure to rebut accusations.
The prosecution must prove beyond reasonable doubt the essential elements of dowry death, including the timing of the marriage and the link between dowry demands and the death, as well as the decease....
Prosecution must substantiate dowry-related charges with specific evidence of cruelty and demands, failing which conviction cannot stand.
The court upheld that a dying declaration must be corroborated and cannot solely rely on presumption under Section 113-B without evidence of cruelty or harassment.
The prosecution failed to prove that the deceased was subjected to cruelty in connection with dowry shortly before her death, leading to the acquittal of the appellants.
The court's decision on the grant of anticipatory bail is based on the nature and gravity of the offences, the role of the petitioner, and the facts of the case.
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