Patna High Court granted anticipatory bail to petitioners, parents of a deceased woman, in a dowry death investigation pending in Bihar, directing surrender within 12 weeks by furnishing a bond.
Release of petitioners on bail (Rs. 10,000 each) with two sureties within twelve weeks by executing bail bond under Section 438(2) CrPC.
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IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.44621 of 2012
====================================================== Islamul Haque & Anr. .... .... Petitioners. Versus The State Of Bihar .... .... Opposite Party. ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 2 17-01-2013 Heard learned counsels for the petitioners, complainant and the State. The petitioners being the parents of the husband of the victim are apprehending their arrest in a complaint case in which cognizance has been taken for the offences punishable under Sections 304(B) and 201 of the Indian Penal Code. The accusation is of killing the daughter of the complainant after four years of the marriage for non-fulfillment of dowry demand. It is submitted by learned counsel for the petitioners that the victim is residing at Bangalore where she died. The death certificate of the victim at Bangalore has been brought on record as Annexure2. It is further submitted that no earlier case was lodged in the State of Karnatka or Bihar when admittedly death has taken place at Bangalore. Hence, the Bihar Court has no jurisdiction when it
Patna High Court Cr.Misc. No.44621 of 2012 (2) dt.17-01-2013
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is submitted by learned counsel for the complainant
that death certificate contained in Annexure-2 is of
2012.
Considering the thrust of accusation against
the husband of the victim, let the petitioners
Islamul Haque and Hasmat Khatoon be released on bail
in the event of arrest or surrender before the
learned court below within a period of twelve weeks
from today in connection with Complaint Case No.
(CR) No. 739 of 2011 on furnishing bail bond of
Rs.10,000/-(Ten Thousand) each with two sureties of
the like amount each to the satisfaction of the
learned J. M. Ist Class, Nawada, subject to the
conditions as laid down under Section 438(2) of the
Code of Criminal Procedure.
(Dinesh Kumar Singh, J)
U.K./-
1 issue framed by the court
Whether bail should be granted to petitioners apprehending arrest in a dowry-related death case pending in Bihar.
Islamul Haque & Anr
The State Of Bihar
Dinesh Kumar Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court