Petitioner seeking bail in a dowry death prosecution under Section 304(B) IPC. Court granted bail pending investigation, directing petitioner to furnish a bond of Rs. 10,000 with two sureties of like amount.
Petitioner released on bail on furnishing a bond of Rs. 10,000 with two sureties of the 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.
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.19560 of 2015
Arising out of PS.Case No. -75 Year- 2015 Thana -KANKARBAGH District- PATNA ====================================================== Manish Kumar, S/o Suresh Kumar Singh, resident of Mohalla- Chandmari Road, Gali No.1, Kankarbagh, P.S.- Kankarbagh, District- Patna. .... .... Petitioner Versus The State of Bihar .... .... Opposite Party ====================================================== Appearance : For the Petitioner : Mr. Krishna Pd. Singh, Sr. Advocate. For the Opposite Party : Mr. Shantanu Kumar(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 2 08-06-2015 The petitioner is languishing in custody since 10.03.2015 in connection with Kankarbagh P.S. Case No. 75 of 2015 for the offences instituted under Section 304(B)/34 of the Indian Penal Code.
Heard learned senior counsel for the petitioner and learned counsel for the State.
The prosecution story, in brief, is that the informant’s daughter Soni Devi was married with Amit Kumar in February, 2012. At the time of marriage, she gave gift according to her capacity but after the marriage demand for motorcycle was made. She was unable to give the motorcycle. For non-fulfillment of motorcycle, the husband and other in-laws used to torture her. On 03.02.2015 at 10.30 A.M. her son was informed on mobile that
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Soni Devi has died. She came and saw the dead body of her daughter. On the basis of that the above mentioned case was instituted.
It has been submitted on behalf of the petitioner that the petitioner is the Dewar of the deceased and he has no criminal antecedent. It has further been submitted that the petitioner is in custody since 10.03.2015. It has further been pointed out that the petitioner is separate in mess and property from the husband of the deceased and he has got no concern with the affairs of the deceased.
On behalf of the State, it has been submitted that the petitioner is named in the F.I.R.
Considering the aforesaid facts and circumstances, let the petitioner, above named, be released 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 J.M. Ist Class, Patna, in connection with Kankarbagh P.S. Case No. 75 of 2015.
U.K./-
(Sudhir Singh, J)
U T
3 issues framed by the court
Whether the petitioner is entitled to be released on bail in a dowry death case where he is separated in mess and property from the accused husband.
Whether the petitioner, being the Dewar of the deceased and having no criminal antecedent, should be granted bail despite being in custody.
Whether the facts of torture due to inability to provide a motorcycle warrant immediate release of the accused on bail.
2 provisions across 1 enactments
Manish Kumar
The State of Bihar
Sudirh Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
