In a bail petition under Sections 304B and 34 IPC, the Patna High Court enlarged the petitioner, brother-in-law of the deceased, on bail as no specific allegation was made against him and he lives separately.
Petitioner directed to be enlarged on bail upon furnishing a bond of Rs. 10,000/- with two sureties.
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.41046 of 2014 Arising Out of PS.Case No. -58 Year- 2014 Thana -CHAPRA MUFFASIL District- SARAN ====================================================== 1. Nagendra Singh S/o Late Ram Karan Singh r/o Village - Bisunpura, P.S. - Chapra Muffasil, Dist.- Saran .... .... Petitioner/s Versus 1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Krishna Kant Singh, Advocate. For the Opposite Party/s : Mr. Chandra Bhushan Prasad (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 2 07-11-2014 Heard both sides. The petitioner Nagendra Singh seeks bail in Chapra Muffasil P.S. Case No. 58 of 2014, registered for the offences punishable under Sections 304B and 34 of the Indian Penal Code. Manju Devi the informant, mother of Jyoti Devi, deceased, disclosed that her daughter was married to Rabindra Singh in the month of May, 2012 and, thereafter, her all in-laws subjected her to physical and mental torture and ultimately they burnt her to death.
Learned counsel for the petitioner submits that the petitioner is elder brother-in-law of the informant’s daughter. He is living separately. It would appear from Annexure-2, that a Partition Suit was filed in Lok Adalat prior to institution of the
Patna High Court Cr.Misc. No.41046 of 2014 (2) dt.07-11-2014
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case.
Learned APP did not dispute the facts. Having considered the facts aforesaid and the fact that the petitioner is elder brother-in-law of the deceased and no specific allegation is made against the petitioner and also the fact that the petitioner is living separately, he, namely, Nagendra Singh is directed to be enlarged on bail on furnishing 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, Saran at Chapra in connection with Chapra Muffasil P.S. Case No. 58 of 2014.
(Prabhat Kumar Jha, J.)
KKSINHA/-
U T
2 issues framed by the court
Whether the petitioner Nagendra Singh, alleged as elder brother-in-law of the deceased and living separately, should be enlarged on bail.
Whether the bail bond conditions and sureties are sufficient to grant bail in the case of Dowry Death offences.
1 provisions across 1 enactments
Nagendra Singh
The State of Bihar
Prabhat Kumar Jha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
