High Court Jharkhand High Court

Deepak Ram vs The State Of Jharkhand on 6 June, 2011

Jharkhand High Court
Deepak Ram vs The State Of Jharkhand on 6 June, 2011
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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/