Khem Lal Saw vs State Of Jharkhand on 16 November, 2011

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Jharkhand High Court
Khem Lal Saw vs State Of Jharkhand on 16 November, 2011
        IN THE HIGH COURT OF JHARKHAND AT RANCHI
                       B.A. No. 7382 of 2011

        Khem Lal Saw                .....   Petitioner
                               Versus
        The State of Jharkhand      ....      Opposite Party

        CORAM:      HON'BLE MR. JUSTICE H.C. MISHRA

        For the Petitioner        :Mr. Ramawatar Sharma
        For the State             :A. P.P.

                             -----
3/16.11.2011

Heard learned counsel for the petitioner and learned A.P.P. for the
Prosecution.

Petitioner has been made accused for the offence under Sections
304(B) of the Indian Penal Code, in connection with Bagodar P.S. Case No.
50 of 2011, corresponding to G.R. No. 414 of 2011.

The petitioner is the husband of the deceased and there is direct
allegation against the petitioner to have subjected the deceased to cruelty
and torture for demand of dowry and to have committed her dowry death.

Learned counsel for the petitioner has submitted that in the post
mortem report the cause of the death could not be ascertained and the
viscera of the deceased was sent for FSL report and it has further been
submitted that at this stage, it can not be said that this petitioner
committed the offence and accordingly, has prayed for bail.

In the facts and circumstances of the case, particularly in view of the
fact that there is direct allegation against the petitioner, who is the husband
and the deceased died in unnatural circumstances and her dead body was
found at the house of this petitioner, I am not inclined to release the
petitioner Khem Lal Saw on bail. Accordingly, the prayer for bail of the
petitioner is rejected.

(H. C. Mishra, J)
Umesh/-

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