Back
2023 Supreme(Online)(Pat) 5454
PATNA HIGH COURT
Mr. Justice Sunil Kumar Panwar
RAJESH KUMAR @ HAPPY – Appellant
Versus
THE STATE OF BIHAR – Respondent
/1280/2022
A husband is not entitled to bail in a case of dowry death where the deceased died within one year of their marriage.
Headnote:
BAIL - DOWRY DEATH - HUSBAND OF THE DECEASED - NO BAIL
Fact of the Case:
The petitioner, the husband of the deceased, was accused of killing his wife for non-fulfillment of dowry demand. The petitioner claimed that he was innocent and falsely implicated, and that he was not present at the time of the occurrence.
Finding of the Court:
The court noted that the deceased died within one year of her marriage to the petitioner, and that the petitioner was her husband. The court also noted that the trial was ongoing and that summons had been issued against the prosecution witnesses.
Issues: Whether the petitioner should be granted bail in a case of dowry death where the deceased died within one year of her marriage to the petitioner.
Ratio Decidendi: The court held that the petitioner was not entitled to bail as he was the husband of the deceased and she had died within one year of their marriage.
Final Decision: The court rejected the petitioner's bail application and directed the trial court to expedite the trial and conclude it within six months.
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.1280 of 2022
Arising Out of PS. Case No.-359 Year-2020 Thana- PAROO District- Muzaffarpur
======================================================
Rajesh Kumar @ Happy Son Of Late Rajanarayan Pandey @ Late Jagarnath
Pandey Resident Of Village- Paroo Mathiya, P.S.- Paroo, District-
Muzaffarpur.
... ... Petitioner/s
Versus
The State Of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s
:
Mr.Yugal Kishore
For the Opposite Party/s :
Mr.Uma Shankar Prasad Singh
======================================================
CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR
ORAL ORDER
6
11-01-2023
Heard learned counsel for the petitioner and
learned A.P.P appearing on behalf of the State.
The petitioner is languishing in custody in a
case registered for the offences punishable under
Sections 304(B), 34 of the Indian Penal Code.
The accusation is of killing the grand-daughter
of the informant for non-fulfillment of dowry demand.
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 and he has performed love marriage with
Patna High Court CR. MISC. No.1280 of 2022(6) dt.11-01-2023
2/3
the victim, therefore, there is no chance of any demand
for dowry or torture. It is further submitted that at the
time of occurrence, the petitioner was not in the house.
The petitioner is languishing in custody since
10.08.2021.
Learned A.P.P appearing on behalf of the State
has vehemently opposed the prayer for bail of the
petitioner and submitted that petitioner is husband of the
deceased. The deceased died within one year of her
marriage.
It appears that vide order dated 23.11.2022, a
report was called for with regard to the present stage of
the trial. The report has been received which suggests
that summons against the prosecution witnesses have
been issued.
Since petitioner is husband of the deceased and
deceased died within one year of her marriage, this
Court is not inclined to grant bail to the petitioner for the
present. The prayer for grant of bail to the petitioner
Patna High Court CR. MISC. No.1280 of 2022(6) dt.11-01-2023
3/3
stands rejected.
The Trial Court is directed to expedite the trial
and conclude the same within a period of six months
from today. The petitioner is at liberty to renew his
prayer for bail, if the trial is not concluded within six
months.
Shageer/-
(Sunil Kumar Panwar, J)
U
T
