Husband sought anticipatory bail apprehending arrest in dowry death case under IPC Sections 304B and 120B/34. Court granted bail citing delayed marriage date and victim's suicide without petitioner's presence.
Release on anticipatory bail for twelve weeks upon furnishing bond of Rs.10,000 with two sureties of like amount each.
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IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.7847 of 2012
====================================================== Jitendra Mishra .... .... Petitioner/s Versus The State Of Bihar .... .... Opposite Party/s ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 05/ 06-11-2012 Heard learned counsels for the petitioner and the State. The petitioner being the husband of the victim is apprehending his arrest in a case registered for the offences punishable under Sections 304B and 120B/34 of the Indian Penal Code.
The accusation is of killing the sister of the informant for non-fulfillment of the dowry demand.
It is submitted by learned counsel for the petitioner that the date of marriage has not been given in the FIR but the informant has admitted that the victim has two children aged six years and four years when during investigation it has come that the marriage was performed in 2000, hence, on that ground alone the case does not come within the purview of Section 304B of the IPC. It is further submitted that during investigation it
Patna High Court Cr.Misc. No.7847 of 2012 (5) dt.06-11-2012 2/2
has come that the victim was committed suicide by putting herself on fire when she was taken out from the house after breaking the door and the petitioner was not present at the place of occurrence.
Considering the aforesaid facts, let the above named petitioner be released on anticipatory bail in the event of his arrest or surrender before the learned court below within a period of twelve weeks from today, on furnishing bail bond of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned CJM, Siwan in connection with Goreakothi P.S. Case No. 126 of 2011, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.
(Dinesh Kumar Singh, J.)
DKS/
2 issues framed by the court
Whether the petitioner is entitled to anticipatory bail in a dowry death case where the marriage date is unclear but the victim had children born years before.
Whether the petitioner's absence from the suicide scene negatives reading of the offence under Section 304B IPC.
2 provisions across 2 enactments
Jitendra Mishra
The State Of Bihar
Dinesh Kumar Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
