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2023 Supreme(Online)(Pat) 8365
PATNA HIGH COURT
Mr. Justice Partha Sarthy
KRISHNA MAHTO – Appellant
Versus
The State – Respondent
CR. MISC./14920/2022
In cases of dowry death, bail should not be granted lightly, especially when the accused is the husband of the deceased.
Headnote:
BAIL - SECTION 304B AND 34 OF THE INDIAN PENAL CODE - HUSBAND OF THE DECEASED - NO EYE WITNESS - COMPROMISE BETWEEN THE PARTIES - BAIL REJECTED
Fact of the Case:
The petitioner, the husband of the deceased, was accused of torturing and killing his wife. The prosecution alleged that the petitioner and other accused persons tortured the deceased, leading to her death. The petitioner claimed that the allegations were false and that he had small children to look after.
Finding of the Court:
The court noted that the petitioner was the husband of the deceased and that there was no eyewitness to the occurrence. The court also considered the petitioner's claim that the allegations were false and that he had small children to look after.
Issues: Whether the petitioner should be granted bail in a case of dowry death where there is no eyewitness and the petitioner claims that the allegations are false.
Ratio Decidendi: The court held that the petitioner should not be granted bail considering the nature of the allegations and the fact that he was the husband of the deceased.
Final Decision: The court rejected the petitioner's bail application and directed the trial court to expedite the trial.
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.14920 of 2022
Arising Out of PS. Case No.-622 Year-2020 Thana- SONEPUR District- Saran
======================================================
KRISHNA MAHTO SON OF SITARAM MAHTO R/O VILLAGE-
SHIKARPUR (MAKAIYA TOLA), P.S.- SONEPUR, DISTRICT- SARAN
(CHAPRA)
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s
:
Mr. Ajit Kumar Singh, Advocate
For the Opposite Party/s
:
Mr. Rajiv Nayan, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY
ORAL ORDER
5
11-01-2023
Heard learned counsel for the parties.
The petitioner has preferred this application for grant
of regular bail in a case registered under sections 304B and 34
of the Indian Penal Code.
As per the prosecution case, the sister of the infor-
mant was tortured by the accused persons including the peti-
tioner herein who happens to be the husband of the deceased.
It is submitted by learned counsel for the petitioner
that the informant is not an eye witness to the occurrence. The
allegations are false and concocted. The petitioner has small
children to lookafter. He is in custody since 23.7.2021 and un-
dertakes to cooperate in the trial. It is further submitted that the
matter has been compromised between the parties.
Patna High Court CR. MISC. No.14920 of 2022(5) dt.11-01-2023
2/2
Heard learned A.P.P. for the State.
Having heard learned counsel for the parties and taking
into consideration the nature of allegation in the FIR and the peti-
tioner being the husband of the deceased, the Court is not inclined to
enlarge the petitioner on bail and the application is rejected.
Learned trial Court is directed to expedite the trial.
Bibhash/-
(Partha Sarthy, J)
U
T
