The Patna High Court granted bail to Bhuneshwar Das, a maternal uncle of the deceased's husband, detained since November 2012 in a dowry death case involving Sections 304B and 498A IPC. The court ordered release on a bond of Rs. 10,000 with two sureties.
Released on bail on furnishing a bond of Rs. 10,000 with two sureties.
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Patna High Court Cr.Misc. No.31615 of 2013 (2) dt.19-09-2013
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.31615 of 2013
====================================================== Bhuneshwar Das, S/O-Late Bhatan Das .... .... Petitioner/s Versus The State Of Bihar .... .... Opposite Party/s ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 2 19-09-2013 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State.
Petitioner being maternal uncle of husband of the deceased is languishing in jail custody since 03.11.2012 in a case registered for the offences punishable under Sections 304B, 498A, 201/34 of the Indian Penal Code.
The contention on behalf of the petitioner is that petitioner was in Punjab in connection with his livelihood and in absence of the petitioner charge sheet was submitted against him on 13.02.2006 showing him absconder but as a matter of fact, petitioner was not aware about the submission of charge sheet. It is further contended by him that petitioner has no concern with the family member of husband of the deceased.
On the other hand, learned Additional Public Prosecutor submits that for proper appreciation of this case, case diary is essential.
Patna High Court Cr.Misc. No.31615 of 2013 (2) dt.19-09-2013
Considering the aforesaid facts and circumstances as well as submissions of the parties and also keeping in mind the period of detention of the petitioner in jail custody, let the petitioner be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of Additional Sessions Judge-V, Lakhisarai in connection with Sessions Trial No. 128 of 2013 arising out of Jhajha Rail P.S. Case No. 21 of 2002.
(Hemant Kumar Srivastava, J)
SHAHZAD/-
2 issues framed by the court
Whether the petitioner should be released on bail considering his maternal uncle relationship to the husband of the deceased and his period of detention.
Whether a case diary is essential for proper appreciation of the case involving the petitioner's alleged absence from the filing of the charge sheet.
2 provisions across 2 enactments
Bhuneshwar Das
The State Of Bihar
Hemant Kumar Srivastava
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
