Single judge order granting bail to the accused in a dowry death case. The court held that the marriage duration and witness examination status warrant 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 of like amount to the Additional Sessions Judge.
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.48435 of 2012
===================================================== Sudhir Singh, son of Ram Nath Singh, a resident of Bharhopur Ke Tole, Koharbagh, P.S. Ekma, District-Saran. .... .... Petitioner. Versus The State of Bihar .... .... Opposite Party. ===================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER ------------- 4 16-01-2013 Let the supplementary affidavit filed on behalf of the
Let the supplementary affidavit filed on behalf of the petitioner be kept on record.
Heard learned counsel for the petitioner and the learned A.P.P. for the State.
The petitioner is accused in Sessions Trial No.814 of 2010, arising out of Ekma P.S. Case No.45 of 2009 registered under Sections 304(B)/34 of the Indian Penal Code.
Learned counsel appearing on behalf of the petitioner submits that earlier the prayer for bail of the petitioner was rejected by this Court vide order dated 14.11.2011 passed in Criminal Misc. No.32825 of 2011 taking into consideration the dowry death of the deceased Ritu Devi, the wife of the petitioner but it would appear from the F.I.R. itself that the marriage of the petitioner with the deceased Ritu Devi was performed in the year 2001 and the date of occurrence is said to be 13.5.2009, which is
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more than seven years of the marriage. Moreover, while the charge was framed under Section 304(B) of the Indian Penal Code against the petitioner on 15.12.2010 but after examination of the five witnesses, the charge was altered into under Section 302/34 of the Indian Penal Code on 30.8.2012 and since then no witness has been examined. Learned counsel for the petitioner further submits that from the evidence of the informant, Amir Singh, who is the father of the deceased Ritu Devi, as recorded by the trial court (Annexure-‘III’ to the application), it would appear that the deceased Ritu Devi was carried to the hospital, where her treatment was going on, and the informant, Amir Singh, had also reached there.
Having regard to the facts and the circumstances of the case, the petitioner abovenamed, is directed to be released on bail on his furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the 1st Additional Sessions Judge, Saran at Chapra, in connection with Sessions Trial No.814 of 2010, arising out of Ekma P.S. Case No.45 of 2009.
(Rajendra Kumar Mishra, J)
P.S./-
1 issue framed by the court
Whether the petitioner is entitled to be released on bail in a charge of dowry death under Section 304(B)/302 IPC.
Sudhir Singh
The State of Bihar
Rajendra Kumar Mishra
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
