The Patna High Court granted bail to the parents-in-law of a deceased woman, who were petitioners in this criminal matter, upon furnishing a bail bond and satisfying specific undertaking conditions regarding trial participation.
Release on bail on furnishing bail bonds of Rs. 5,000 each with two sureties and complying with specific conditions.
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 JUDICATURE AT PATNA Criminal Miscellaneous No. 1061 of 2013
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1. Surendra Kahar, Son of Late Bisarjan Kahar.
2. Meera Devi, Wife of Sri Surendra Kahar.
.... .... Petitioner/s
Versus
The State of Bihar
.... .... Opposite Party/s
===================================================
CORAM: HONOURABLE JUSTICE SMT. ANJANA PRAKASH
ORAL ORDER
02. 17.01.2013 Heard learned counsel for the Petitioners and the
State.
The Petitioners seek bail in a case instituted for the offences under Sections 498(A) and 304(B) of the Indian Penal Code and Sections 3/4 of Dowry Prohibition Act.
Considering that the Petitioners are the parentsin-law of the deceased and there is no specific overt act alleged against them, let the Petitioners, above named be released on bail on furnishing bail bonds of Rs. 5,000/(Five Thousand) each with two sureties of the like amount each or any other surety as fixed by the Court to the satisfaction of Sub-Divisional Judicial Magistrate, Bikramganj, Rohtas in connection with Sanjhauli P.S. Case No. 18 of 2012 subject to the following conditions:(i) That one of the bailors will be a close relative of the Petitioners who will give an affidavit giving genealogy as to how he is related with the Petitioners. The bailor will also
Patna High Court Cr.Misc. No.1061 of 2013 (2) dt.17-01-2013
2
undertake to inform the Court if there is any change in the address of the Petitioners. (ii) That the Petitioners will give an undertaking that they will receive the police papers on the given date and be present on date fixed for charge and if they fail to do so on two given dates and delays the trial in any manner, their bail will be liable to be cancelled for reasons of misuse. (iii) That the Petitioners will be well represented on each date and if they fail to do so on two consecutive dates, their bail will be liable to be cancelled.
(Anjana Prakash, J.)
Vikash/-
1 issue framed by the court
Whether to release the petitioners on bail in a dowry death case.
2 provisions across 2 enactments
Surendra Kahar
Meera Devi
The State of Bihar
Anjana Prakash
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
