The Patna High Court granted bail to the petitioner, the younger brother of the deceased's husband, in a case concerning Section 304-B IPC and Dowry Prohibition Act. Bail was to be furnished via a bond with two sureties.
Petitioner released on bail on furnishing bond of Rs.10,000 with two sureties of like amount.
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.644 of 2014 (3) dt.06-03-2014
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.644 of 2014
====================================================== 1. Md. Raja S/O Md. Ali Hassan Resident Of Village Dangara, P.S. Barachatti (Mohanpur), District Gaya. .... .... Petitioner/s Versus 1. The State Of Bihar .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Arvind Kumar Singh, Advocate For the Opposite Party/s : Mr. Addl.P.P. ================================================== CORAM: HONOURABLE MR. JUSTICE SHYAM KISHORE SHARMA ORAL ORDER ------------- 3 06-03-2014 Heard learned counsel for the petitioner, learned counsel for the State and learned counsel appearing for the informant.
The petitioner seeks bail in a case which has been registered for offence under Section 304(B)/34 of the Indian Penal Code and 3/ 4 of the Dowry Prohibition Act.
Informant’s sister was found burnt in Magadh Medical College & Hospital and he has alleged that she has been burnt by her husband, her Devar and others. Subsequently, she died. Allegation is that the informant’s sister was being pressurized to bring Rs.1 lac by way of additional dowry by her husband and his other family members.
Submission is that the petitioner is the younger brother of the husband of the deceased. The husband of the
Patna High Court Cr.Misc. No.644 of 2014 (3) dt.06-03-2014
deceased is already in custody. Further submission is that similarly situated co-accused persons have either been granted anticipatory or regular bail.
The prayer for bail of the petitioner has been opposed by learned counsel appearing for the informant.
Considering the facts and circumstances of the case, let the above named petitioner 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 learned Sub Divisional Judicial Magistrate/concerned court, Sherghati,
Gaya in Barachatti (Mohanpur) P.S.Case No. 45 of 2013.
(Shyam Kishore Sharma, J)
Tahir/-
2 issues framed by the court
Whether the petitioner, alleged brother of the husband of deceased, is eligible for bail in a case involving dowry deaths.
Whether the grant of bail is justified considering the similar fate of other co-accused.
Md. Raja
The State Of Bihar
Shyam Kishore Sharma
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
