The Patna High Court has refused to quash the FIR filed against a suspended judicial officer, Pratik Shail, who is accused in a dowry death case involving his wife. The Court also transferred the investigation to the Central Bureau of Investigation (CBI), highlighting the technical nature of the matter and the possibility of influence by the petitioner due to his position as a magistrate.
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Justice Bibek Chaudhuri noted that there are serious allegations against the petitioner, including physical and mental cruelty tied to dowry demands. “Had she been medically treated at the outset of the onset of amenorrhea and intermittent vomiting, her death could have been avoided,” the Court said, referring to the medical neglect suffered by the deceased.
“This prima facie shows negligence on the part of the petitioner and his family members, for which he may be held liable for committing offence under Section 304A of the Indian Penal Code,” the judgment stated.
The FIR was filed by the deceased’s father, Ashok Kumar, who alleged that his daughter Chandani Chandra was repeatedly harassed for dowry after her marriage in May 2022. According to him, ₹28 lakh had already been paid in cash and kind, including a car and gold ornaments, but ₹20 lakh remained outstanding, for which the deceased was allegedly tortured.
In his plea, the petitioner claimed that his wife died from abdominal tuberculosis, supported by medical reports from Universal Emergency Hospital and Paras HMRI. However, the Court observed discrepancies in medical records, including contradictions in discharge summaries and signs of potential tampering in vital statistics.
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“From the medical advice issued by Dr. Astik … it is clearly found that the deceased was suffering from Amenorrhea and intermittent vomiting for two months which are indicative of abdominal tuberculosis,” the Court noted.
The Court emphasized that there were significant lapses in the police investigation. Notably, the case was registered only under Sections 304B and 34 IPC, while other relevant sections like 498A and provisions of the Dowry Prohibition Act were ignored.
Considering the possibility that the petitioner, being a judicial officer, could influence the investigation, the Court said:
“This Court is of the opinion that investigation of this case should be entrusted to the Central Bureau of Investigation.”
The Court dismissed the writ petition, ruling that the FIR could not be quashed. It further permitted the CBI to add charges under Sections 304A or 304 Part II IPC, Section 498A, and Sections 3 and 4 of the Dowry Prohibition Act, depending on the evidence found during the investigation.
Finally, the Court directed the petitioner to surrender before the jurisdictional magistrate within three days, warning that non-bailable warrants would be executed if he failed to comply.
Case Title: Pratik Shail @ Pratik Sail v. The State of Bihar & Ors.
