The Patna High Court granted bail to the petitioner, accused of dowry death, allowing release upon security of Rs. 10,000 with two sureties, accepting submissions regarding the deceased's pregnancy and medical death.
Release of petitioner on bail by furnishing bonds of Rs. 10,000 with two sureties of the like amount each.
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IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No. 1679 of 2014
Arising Out of PS.Case No. -88 Year- 2013 Thana -BELSAND District- SITAMARHI ====================================================== Manoj Baitha S/O Kishore Baitha Resident of Village Hasaur, P.SBelsand, District- Sitamarhi. .... .... Petitioner Versus The State of Bihar .... .... Opposite Party ====================================================== Appearance : For the Petitioner : Mr. For the Opposite Party : Mr. ====================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL ORDER 5. 09-07-2014 Heard learned counsel for the petitioner and learned A.P.P. for the State.
The petitioner seeks bail in Belsand P.S. Case No. 88 of 2013 dated 04.08.2013 instituted for offence punishable under Sections 304B/201/34 of the Indian Penal Code.
Learned counsel for the petitioner submits that though he is the husband and accused of killing the wife, but the same is not true. It is submitted that the marriage took place in 2010 and there is a living male child aged about two years and further that the deceased was also pregnant. Learned counsel submits that the informant and family members of the deceased had come and participated in the cremation but suddenly after two days they have lodged this false case. It is submitted that in view of the fact that the child of the petitioner was in the womb of the deceased and a male infant child being there, the demand of dowry of Rs. 25,000/- appears to be ornamental. It is further
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submitted that witnesses have stated with regard to the deceased being pregnant and further one lady witness has stated that she has received call from the deceased stating that she was having pain in her stomach and when she was taken to the doctor during the course of treatment, she died. Learned counsel submits that there was no foul play and the minor son of the petitioner is living with his relatives because he is in custody. Learned counsel submits that the petitioner has no criminal antecedent and is in custody since 19.08.2013.
Learned A.P.P. for the State, upon going through the case diary, does not dispute the fact that witnesses have stated with regard to the pregnancy of the deceased as also her being taken to the doctor upon complain of stomach ache where she died during treatment.
Considering the facts and circumstances of the case and submissions of learned counsels for the parties, 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 the learned Chief Judicial Magistrate, Sitamarhi in Belsand P.S. Case No. 88 of 2013.
(Ahsanuddin Amanullah, J.)
Anand Kr.
U
2 issues framed by the court
Whether the petitioner should be released on bail in a case involving Section 304B of the IPC.
Whether the pregnancy and medical causes of death of the deceased exclude foul play.
1 provisions across 1 enactments
Manoj Baitha
The State of Bihar
Ahsanuddin Amanullah
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
