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In the High Court of Jharkhand at Ranchi
B.A. No.1290 of 2011
Deepak Ram ....... ................Petitioner
VERSUS
State of Jharkhand .........Opposite Party
CORAM: HON'BLE MR. JUSTICE R.R.PRASAD
For the Petitioner : Mr. Deepak Kumar
For the State : A.P.P
3/ 6.6.11
. Heard learned counsel appearing for the petitioner and
learned counsel appearing for the State.
The petitioner is an accused in Gawan P.S. Case no.89 of
2010 registered under section 304(B) of the Indian Penal Code.
Learned counsel appearing for the petitioner submits that
though the petitioner being husband of the deceased has been alleged to
have committed dowry death but there has been absolutely no allegation
of putting forth any demand or subjection to cruelty on account of non-
fulfillment of demand of dowry and hence, no offence is made out under
Section 304(B) of the Indian Penal Code.
However, learned counsel appearing for the State submits
that in course of investigation, it has transpired that the petitioner and his
wife was sleeping in a room where the wife was found burning but the
petitioner has not come forward with any explanation as to how the
deceased caught fire and as such there is every reason to believe that it is
none other than the petitioner who burnt the deceased to death.
Regard being had to the facts and circumstances and the
submissions advanced on behalf of the State, I am not inclined to grant
bail to the petitioner and hence, the prayer for bail of the petitioner is
rejected.
(R.R.Prasad, J.)
ND/