The Patna High Court dismissed an application for anticipatory bail, refusing to enlarge petitioners accused of dowry death, though offering to consider bail on surrender.
Application for anticipatory bail dismissed; regular bail to be considered if petitioners surrender.
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.22156 of 2013
======================================================
The State Of Bihar
.... .... Petitioner/s Versus .... .... Opposite Party/s
====================================================== Appearance :
For the Petitioner/s : Mr.
For the Opposite Party/s : Mr.
====================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH
ORAL ORDER
2 01-08-2013 Heard learned counsel for the petitioners and learned A.P.P. for the State.
The petitioners apprehend arrest in connection with Sherghati P.S. Case No. 27 of 2012 registered for offence punishable under Sections 304B/34 of the Indian Penal Code and 3/4 of the Dowry Prohibition Act.
The allegation against the petitioners is of killing the sister of the informant who was also the first wife of the petitioner no. 1 and disposing off the dead body.
Learned counsel for the petitioners submits that the marriage was solemnized more than 14 years back and the
Patna High Court Cr.Misc. No.22156 of 2013 (2) dt.01-08-2013
2/3
allegations levelled do not appear to be proved for the reason that there is unexplained delay in the sequence of events as narrated in the F.I.R. itself. It is submitted that the deceased in fact died of natural causes as she used to keep unwell and the informant had in fact participated both in her cremation as well as ‘shradh’. Learned counsel submits that the case has been lodged at the instance of mischief mongers and without there being any truth about the allegations.
Learned A.P.P. for the State submits that the petitioners are accused of killing the sister of the informant and disposing off the body without information to the informant. It is further submitted that from the F.I.R. itself the reason has been explained inasmuch as it is alleged that the petitioner no. 2, who is the second wife of the petitioner no. 1 and the petitioner no. 3 who is the brother of the petitioner no. 2, in conspiracy with each other including the petitioner no. 1, who is the husband of the deceased also, committed the crime since the petitioner no. 2 was not ready to let the deceased live with the petitioner no. 1.
Considering the facts and circumstances of the case, this Court is not inclined to enlarge the petitioners on anticipatory bail.
The application, accordingly, stands dismissed.
Patna High Court Cr.Misc. No.22156 of 2013 (2) dt.01-08-2013
3/3
However, in the event the petitioners surrender and seek regular bail, the Court shall consider the same on its own merits without being prejudiced by the present order.
(Ahsanuddin Amanullah, J.)
Anjani/-
2 issues framed by the court
Whether anticipatory bail should be granted to petitioners arrested under sections 304B/34 IPC and Dowry Prohibition Act.
Whether unexplained delay in FIR and allegations of natural death support grant of bail.
2 provisions across 2 enactments
Binod Yadav
Munakwa Devi
Santosh Yadav
State of Bihar
Ahsanuddin Amanullah
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
