Single-bench judgment granting bail to petitioner sister-in-law Bimli Devi while rejecting bail applications for brother-in-law Ranjeet Rai and mother-in-law Bhuneshwari Devi in a dowry death case.
Bail granted to Bimli Devi; bail rejected for Ranjeet Rai and Bhuneshwari Devi.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JHARKHAND AT RANCHI
B.A. No. 1551 of 2015
-Versus-
The State of Jharkhand ..... Opposite Party
CORAM : HON’BLE MR. JUSTICE H.C.MISHRA
For the Petitioners : : M/s. Vijay Kumar Roy For the State : : M/s. Vijay Kumar Gupta, A.P.P.
3/ 02.07.2015. Heard learned counsel for the petitioners and the learned counsel for the
State.
The petitioners has been made accused in connection with Dhanwar P.S. Case No.159 of 2013, corresponding to G.R. No. 1251 of 2013, for the offence under Sections 304-B, 34 of the Indian Penal Code.
There is allegation against the petitioners, who are the sister-in-law, brother-in-law and the mother-in-law of the deceased, to have subjected the deceased to cruelty and torture and to have committed her dowry death and also of cremating the dead body without informing the family members of the deceased. The father-in-law is already dead, and in the FIR there is allegation only against the husband and these petitioners.
The impugned order shows that the dead body of the deceased was recovered by the police while it was being cremated and upon post mortem the cause of the death was found as a result of throttling.
In the facts of this case, I am not inclined to release the petitioners Ranjeet Rai & Bhuneshwari Devi @ Katkahi Masomat, who are the brother-in-law and the mother-in-law of the deceased, on bail. Accordingly, the prayer for bail of the petitioners Ranjeet Rai & Bhuneshwari Devi @ Katkahi Masomat, is hereby rejected.
So far as the petitioner Bimli Devi @ Bhimli Devi is concerned, she being the sister-in-law of the deceased, I am inclined to release her on bail. Accordingly, the petitioner, Bimli Devi @ Bhimli Devi, is directed to be released on bail, on furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Sri Rajesh Sinha, learned Judicial Magistrate, 1st Class, Giridih, or his successor, in connection with, Dhanwar P.S. Case No.159 of 2013, corresponding to G.R. No. 1251 of 2013.
(H.C.Mishra, J.)
D.S.
2 issues framed by the court
Whether the prayer for bail for petitioners Ranjeet Rai and Bhuneshwari Devi should be rejected.
Whether the petitioner Bimli Devi is eligible for bail release.
1 provisions across 1 enactments
Bimli Devi @ Bhimli Devi
Ranjeet Rai
Bhuneshwari Devi @ Katkahi Masomat
The State of Jharkhand
H.C. Mishra
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
