The Patna High Court granted anticipatory bail to the petitioner in a dowry death case unless he arrests or surrenders within four weeks, requiring a bond of Rs. 10,000 with two sureties.
Petitioner released on bail on furnishing Rs. 10,000 bond with two sureties if arrested or surrenders within four weeks.
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.24038 of 2015
Arising Out of PS.Case No. -535 Year- 2013 Thana -BARAUNI District- BEGUSARAI ====================================================== Ganesh Thakur Son of Late Bhuttu Thakur R/o village - Papraur, P.S. Barauni, District - Begusarai .... .... Petitioner/s Versus The State of Bihar .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Chandan Kumar Kashyap, Advocate For the Opposite Party/s : Mr. Gajendra Prasad Yadav (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER
3 16-09-2015 Heard learned counsel for the petitioner and the State. The petitioner is apprehending his arrest in a case instituted under Sections 304B/34 of the Indian Penal Code.
Allegation against the petitioner, who being father-in-law of the deceased, is that due to non-fulfilment of demand of dowry the daughter of the informant was burnt to death.
It has been submitted on behalf of the petitioner that petitioner has got no criminal antecedent. It is further submitted that petitioner is the father-in-law of the deceased and he used to stay separate from the deceased. He has been made accused in this case due to mistake of fact. The husband of the deceased is already in custody.
On behalf of the informant and State, it is submitted that the petitioner is named in the F.I.R.
Considering the aforesaid facts, let the above named petitioner, in the event of arrest or surrender in the court below within a period of four weeks, be released on bail on furnishing
Patna High Court Cr.Misc. No.24038 of 2015 (3) dt.16-09-2015
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bail bond of Rs. 10,000/- (Ten thousand only) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Begusarai, in connection with Barauni P.S. Case no. 535 of 2013, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.
(Sudhir Singh, J)
sudip/-
U T
2 issues framed by the court
Whether the petitioner should be granted anticipatory bail in a case under Sections 304B/34 IPC alleging dowry death.
Whether the petitioner should surrender and be released on bail within four weeks in Barauni P.S. Case no. 535 of 2013.
1 provisions across 1 enactments
Ganesh Thakur
The State of Bihar
Sudhir Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
