The Supreme Court has set aside a bail order passed by the Patna High Court in a dowry death case, observing that the High Court granted relief without undertaking any meaningful examination of the material on record.
A Bench comprising Justices J.B. Pardiwala and Vijay Bishnoi held that the High Court failed to consider the seriousness of the allegations and the prima facie evidence indicating the involvement of the accused-husband.
“The impugned order passed by the High Court releasing the accused on bail is wholly unsustainable. In a very serious crime like dowry death, the High Court should have been very careful in exercising its discretion,” the Court observed.
Supreme Court Finds Bail Order Mechanical
The Court noted that the High Court relied primarily on the duration of the accused’s judicial custody and the limited number of witnesses examined at the time of granting bail. However, the Supreme Court found these factors insufficient, particularly in light of the medical evidence and the status of the trial.
It recorded that the post-mortem report revealed multiple injuries on the deceased wife’s body and that the trial proceedings were progressing at a satisfactory pace.
Criticising the reasoning adopted by the High Court, the Bench stated:
“The High Court in its impugned Order has not discussed anything. All that weighed with the High Court was that the accused was in judicial custody and only two witnesses had been examined till the date the High Court passed the impugned order…The High Court lost sight of many important aspects of the matter, more particularly the post-mortem report indicating number of injuries on the body of the deceased, and the presumption of commission of offence as provided under Section 118 of the Bharatiya Sakshya Adhiniyam, 2023.”
Background of the Case
According to the prosecution, the deceased wife was found dead at her matrimonial home under suspicious circumstances approximately one and a half years after her marriage. The post-mortem report attributed the cause of death to haemorrhage and shock resulting from a head injury and also noted both external and internal injuries on her body.
The mother of the deceased lodged an FIR against the husband (Respondent No. 2), invoking offences under Sections 103(1) and 80 of the Bharatiya Nyaya Sanhita, 2023.
The Patna High Court granted bail to the accused on his second application. This order prompted the deceased’s mother to approach the Supreme Court by way of appeal.
Supreme Court Relies on Precedent
While examining the matter, the Supreme Court referred to its earlier decision in Shabeen Ahmed v. State of U.P., reiterating that courts must exercise heightened caution while granting bail in dowry death cases, especially where the facts indicate direct involvement of the accused in the fatal incident.
Directions Issued
Allowing the appeal, the Supreme Court set aside the High Court’s bail order and directed the accused-husband to surrender within one week.
The Court also directed the Registry to forward a copy of its order to the Registrar General of the Patna High Court, who has been instructed to place it before the Chief Justice of the High Court.
The Bench further noted that it had recently expressed similar concerns regarding an unreasoned bail order passed by the Allahabad High Court in another dowry death case.
Cause Title and Appearance
Cause Title: Lal Muni Devi v. State of Bihar & Anr.
For Petitioner(s): Mr. Samir Ali Khan, AOR; Mr. Pranjal Sharma, Advocate; Mr. Kashif Irshad Khan, Advocate; Mr. Rajnish Kumar, Advocate; Mr. Kanchan Kumar Jha, Advocate; Ms. Divya Negi, Advocate; for M/s Brajesh Pandey & Associates, AOR
For Respondent(s): Mr. Samir Ali Khan, AOR; Mr. Pranjal Sharma, Advocate; Mr. Kashif Irshad Khan, Advocate; Mr. Santosh Kumar Mishra, Advocate.
Also Read: SC Flags risk in Post-Facto Clearences.
