Single judge oral order granted bail to a husband accused in a dowry death case under Sections 304B/34 IPC, facilitated by medical treatment of the victim and subsequent retraction of the informant's version.
Petitioner released on bail on furnishing bonds of Rs.10,000/- with two sureties to the satisfaction of the learned court below.
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IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.8349 of 2013
====================================================== Arvind Sah @ Arvind Kumar Sah .... .... Petitioner/s Versus The State Of Bihar .... .... Opposite Party/s ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 04/ 16-07-2013 Heard learned counsels for the petitioner and the State.
The petitioner being the husband of the victim is languishing in custody since 29.09.2012 in a case registered for the offences punishable under Sections 304B/34 of the Indian Penal Code.
The accusation is of killing the sister of the informant after few months of the marriage by causing burn injury.
It is submitted by learned counsel for the petitioner that the victim was initially married with someone else when the petitioner was also married with someone else and this was the second marriage of the petitioner and the victim when there was no question of demand of dowry. The FIR does not reflect any demand of dowry, but it is only reflects that demand of money was made for the purpose of business, which could not be treated as dowry demand when the victim was given medical
Patna High Court Cr.Misc. No.8349 of 2013 (4) dt.16-07-2013 2/2
assistance and the post-mortem was also conducted and now the informant has retracted from the initial version and filed a petition to that effect before the learned court below.
Considering the aforesaid facts, let the above named 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 learned ACJM, Dalsingsarai, District - Samastipur in connection with Dalsingsarai P.S. Case No. 284 of 2012.
(Dinesh Kumar Singh, J.)
DKS/
2 issues framed by the court
Whether the petitioner husband should be released on bail given the circumstances of the dowry death charge.
Whether the demand of money for business purposes instead of dowry justifies bail in a Section 304B IPC case.
1 provisions across 1 enactments
Arvind Sah @ Arvind Kumar Sah
The State Of Bihar
Dinesh Kumar Singh
DKS
As recorded by the court registry
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