The High Court granted pre-arrest bail to the petitioner, a second wife apprehended under offences relating to dowry death and murder. The Court found no material indicating the petitioner's role in causing death and noted the marriage was long-standing.
Petitioner released on pre-arrest bail; to be released on bail if arrested, cooperating with investigation.
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ABLAPL No.116 of 2019
Heard, learned counsel for the petitioners and learned counsel for the State.
Perused the Case Diary along with other materials available on record.
The allegation of the prosecution is that the husband of the deceased has married to the petitioner for the second time. Thereafter, they stated to have meted the deceased with cruelty and also killed her. But during the investigation, the definite cause of death has not come out. The deceased was living in the house of her parents-in-law. No specific material is available with regard to the role played by the petitioner in causing the death of the deceased. Admittedly, the marriage had occurred more than seven years before her death.
Considering the aforesaid facts and submissions made, particularly nothing being there indicating the fact that the petitioner in the event of her release on pre-arrest bail shall abscond and/or shall be an hindrance to the investigation, this Court is of the view that the petitioner in this case deserves to be released on pre-arrest bail.
Accordingly, the prayer of the petitioner for prearrest bail is allowed with a direction that in the event of
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arrest of the petitioner in connection with the aforesaid case, she be released on bail by the Arresting Officer on such terms and conditions as he may deem just and proper including the condition that petitioner shall cooperate with the investigation.
The ABLAPL is, accordingly, disposed of. Urgent certified copy of this order be granted on proper application.
…………………..
S.Pujahari, J.
DA
2 issues framed by the court
Whether the petitioner is eligible for release on pre-arrest bail in a case alleging dowry death and murder under the Indian Penal Code.
Whether the petitioner's release on pre-arrest bail will constitute a hindrance to the investigation or enable her to abscond.
2 provisions across 2 enactments
Petitioner
State
S. Pujahari
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
