The High Court at Patna granted bail to Lal Babu Sah in a case under sections 302, 201 and 34 IPC alleging dowry-related murder and concealment of the dead body, directing him to furnish a bond with sureties.
Released on bail on furnishing a bond of Rs.10,000 with two sureties to the satisfaction of the Chief Judicial Magistrate, Vaishali.
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.40496 of 2013
===================================================== Lal Babu Sah, son of Nathuni Sah, resident of village-Tugari Supaul (Mohamadpur), Police Station-Goraul (O.P. Kathara), DistrictVaishali. .... .... Petitioner. Versus The State of Bihar .... .... Opposite Party. ===================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER ------------
6 04-04-2014 Heard learned counsel for the petitioner and the learned A.P.P. for the State.
The petitioner seeks bail in connection with Goraul (Kathara) P.S. Case No.72 of 2012 registered under Sections 302 and 201/34 of the Indian Penal Code.
The allegation is that Indu Kumari alias Indra Devi, the daughter of the informant, Raj Kumari Devi, was married with the petitioner in the year 1987 but she was being tortured for non fulfillment of the dowry demand by the petitioner and her in-laws. In the meantime, she gave birth to five female children but in spite of that, she was being tortured. On 19.3.2012, her daughter came to her Maika and on 20.3.2012, she went to her Sasural to take her children but, thereafter, the informant came to know that her daughter has been killed by the petitioner and her in-laws and her dead body has been concealed.
Patna High Court Cr.Misc. No.40496 of 2013 (6) dt.04-04-2014 2/2
Learned counsel appearing on behalf of the petitioner submits that, in fact, the wife of the petitioner died due to diarrhoea at her Sasural on returning from her Maika. This fact has also been corroborated by the three daughters of the deceased, as detailed in paragraphs-7, 8 and 9 of the case diary. The petitioner has falsely been implicated in this case due to ulterior motive and is in custody since 11.4.2013.
Having regard to the facts and the circumstances of the case, the petitioner, above named, is directed to be released on bail on furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Vaishali at Hajipur, in connection with Goraul (Kathara) P.S. Case No.72 of 2012.
(Rajendra Kumar Mishra, J)
P.S./-
1 issue framed by the court
Whether the petitioner is entitled to bail in a case alleging dowry-burning and conspiracy for dowry-daughter while exhibiting contradictory facts?
1 provisions across 1 enactments
Lal Babu Sah
The State of Bihar
Rajendra Kumar Mishra
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
