In an oral order, the Patna High Court granted bail to the petitioner in a case registered for offences under Sections 498A and 304B IPC. The court cited the non-finding of ante-mortem injury and permitted a correction in the petition's paragraph 11.
Petitioner released on bail bond of Rs. 10,000 with two sureties of Rs. 10,000 each to the Court at Siwan.
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.
Patna High Court Cr.Misc. No.13190 of 2014 (3) dt.23-06-2014
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.13190 of 2014 Arising Out of PS.Case No. -157 Year- 2013 Thana -MAHARAJGANJ District- SIWAN ====================================================== 1. Firoz Ali Son Of Aasmahammad Village - Usari, P.S. - G.B. Nagar, Takhara, District - Siwan .... .... Petitioner/s Versus 1. The State Of Bihar .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Ranjeet Kumar, Advocate For the Opposite Party/s : Mr. APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SHYAM KISHORE SHARMA ORAL ORDER 3 23-06-2014 Heard learned counsel for the petitioner and learned APP for the State. As prayed for, learned counsel for the petitioner is permitted to make correction in paragraph 11 of the petition. The petitioner seeks bail in a case registered for the offences punishable under Sections 498A, 304B/34 of the Indian Penal Code.
The informant’s daughter died in the year 2013 whose marriage was performed with the petitioner in the year 2006. It has been alleged that his daughter was killed by her in-laws including the petitioner as she was not in a position to bring Rs. 50,000/- and one Hero Honda Motorcycle by way of additional dowry.
Submission is that the doctor has not found any ante-
Patna High Court Cr.Misc. No.13190 of 2014 (3) dt.23-06-2014
mortem injury upon the person of the deceased. The petitioner is in custody since 23.1.2014. It has further been submitted that nonfinding of any injury by the doctor gives another version of the occurrence.
occurrence.
Considering the facts and circumstances of the case, the petitioner above named is directed to be released on furnishing of bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate/concerned Court, Siwan in connection with Maharajganj (G.B. Nagar) P.S. Case No. 157 of 2013.
(Shyam Kishore Sharma, J)
avin/-
U T
3 issues framed by the court
Whether the petitioner should be released on bail in a case alleging dowry death under Sections 498A and 304B IPC.
Whether the non-finding of ante-mortem injury justifies granting bail in the circumstances.
Whether the petitioner is eligible for correction in the petition as prayed by counsel.
1 provisions across 1 enactments
Firoz Ali
The State Of Bihar
Shyam Kishore Sharma
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
