Patna High Court granted anticipatory bail to Kunti Devi in a dowry death case under Sections 304B, 498A, and 201/34 IPC, finding no specific allegation against her. Bail directed on Rs. 10,000 bond with two sureties within one month.
Released on anticipatory bail on execution of bail bond of Rs. 10,000 with two sureties of like amount each.
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.21329 of 2014 (5) dt.05-01-2015
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.21329 of 2014
Arising Out of PS.Case No. -28 Year- 2004 Thana -DERNI District- SARAN ====================================================== 1. Kunti Devi W/o Yogendra Rai Resident of Village- Dhane Chapra, P.SDerni, district- Saran ( Chapra) .... .... Petitioner/s Versus 1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Binay Krishna For the Opposite Party/s : Mr. Ram Sumiran Rai (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 5 05-01-2015 Heard learned counsel for the petitioner and learned counsel representing the State. Petitioner apprehends her arrest in connection with Derni P.S. Case No. 28 of 2004 registered for the offences punishable under Sections 304B, 498A, 201/34 of the Indian Penal Code. Allegedly, the petitioner being the Gotini of the daughter of the informant along with others used to torture her due to non-fulfillment of dowry demand as their demand for motorcycle and gold chain has not been fulfilled and ultimately they assaulted her and burnt her to death and disposed of the dead body with a view to screen themselves from legal punishment.
Submission at the bar for grant of pre-arrest bail to
Patna High Court Cr.Misc. No.21329 of 2014 (5) dt.05-01-2015
the petitioner is that the petitioner is the Gotini and she along with her family members are separate from the husband of the deceased for more than last 10 years and has nothing to do with their affairs. There is no specific allegation against her for demanding dowry, husband of the petitioner has already been granted regular bail by this Court and case of the petitioner is on better footing to which the learned APP opposes.
On perusal of the FIR and case diary it reveals that the petitioner is Gotini having no specific allegation rather in paragraph 2 of the FIR which is based on complaint petition specific allegation is against father-in-law and husband, and as such the petitioner Kunti Devi is directed to be released on anticipatory bail in the event of her arrest or surrender within one month from the date of receipt/production of a copy of this order on execution of 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 Derni P.S. Case No. 28 of 2004, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.
(Jitendra Mohan Sharma, J)
avin/-
U T
2 issues framed by the court
Whether the petitioner is eligible for anticipatory bail in a case involving Sections 304B, 498A, and 201 of the Indian Penal Code.
Whether the lack of specific allegations against the petitioner prevents the grant of anticipatory bail.
2 provisions across 2 enactments
Kunti Devi
The State of Bihar
Jitendra Mohan Sharma
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
