Blog

 The Petitioners alleged of Dowry Demand, Torture, and Killing of the deceased were not granted bail by the Court. They didn’t try finding the deceased for a long time after she went missing. The Hon’ble High Court of Patna before Justice Mr. Ahsanuddin Amanullah in the matter Bhawani Devi and others v. The State of Bihar[Criminal Miscellaneous No.1440 of 2021]. 

The facts of the case were that Petitioner no. 3 had been arrested and he might be permitted to withdraw the filed petition by the Learned Counsel on his behalf. The Petition was hence disposed of by the court as withdrawn and the case was restricted to Petitioner No. 1 and 2. The Petitioners were alleged of being a part of the killing of the party as the body was found in the pond of them. Hence, they were apprehended arrest under Section 304B/34 of the Indian Penal Code.

Learned counsel for the petitioners submitted that they are separate in mess and residence and have no connection with any foul play. It was added that the marriage took place 6 years prior and the couple had 2 children and there exists no event to commit the crime. It was mentioned in the FIR about the Dowry Demand and Torture but there exists no supporting evidence or material to the same with the police or the deceased. Learned counsel submitted that the pond was of the temple in the village and the deceased may have slipped and fallen in the pond leading to her death by drowning.

The Learned Additional Public Prosecutor of the State added and submitted that the mentioned circumstances indicate the involvement of the petitioners. It was the duty of the petitioners that if the deceased had gone somewhere and have not returned and there exists no information or news about the same, to report and intimate the police as she was missing. The information was given by some other person and when they arrived the body was lying in the pond and it seemed as if the members didn’t bother at all and hadn’t informed anyone. It was further argued that a normal person must inform the authorities about such an incident but in this case, the circumstances weren’t acceptable that they were so unaware of the deceased.

The Hon’ble High Court Of Patna,” Having considered the facts and circumstances of the case and submissions of learned counsel for the parties, the Court finds substance in the contention of learned APP. The conduct of the petitioners, as has been submitted by learned APP, does not inspire confidence with regard to their innocence.” The Court hence denied the petition for pre-arrest bail and dismissed it.

 

Click Here To Read The Judgment

Judgment Reviewed By Nimisha Dublish