Hon'ble High Court of Patna granted anticipatory bail to Pr. Malakar, charged with offences under Sections 304B, 201/34 IPC and Dowry Prohibition Act, noting his status as deceased's father-in-law and living separately.
Directed release on anticipatory bail on execution of bond of Rs. 10,000/- with two sureties of similar 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.27433 of 2014
Arising Out of PS.Case No. -273 Year- 2013 Thana -BEGUSARAI MUFFASIL DistrictBEGUSARAI ====================================================== Pramod Malakar, Son of Late Kari Malakar, Resident of Village - Bahdarpur, P.S. - Muffasil, District - Begusarai .... .... Petitioner/s Versus The State of Bihar .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Sandip Kumar Gautam, Advocate For the Opposite Party/s : Mr. G.S.Gupta (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 4 07-01-2015 Heard learned counsel for the petitioner and learned counsel representing the State. The petitioner, apprehending his arrest in connection with Begusarai Muffasil P. S. Case No. 273 of 2013 registered for the offences punishable under Sections 304B, 201/ 34 of the Indian Penal Code and Section ¾ of Dowry Prohibition Act, seeks the privilege of pre-arrest bail.
Submission is that the petitioner is the father-in-law of the deceased and he has been living separately with his wife and similarly situated co-accused Nilima Devi, the wife of the petitioner has been allowed pre-arrest bail by another Bench of this Court vide Cr. Misc. No.18589/2014.
Patna High Court Cr.Misc. No.27433 of 2014 (4) dt.07-01-2015
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considering that the petitioner is the father-in-law of the deceased and claims to have been living separately, the petitioner, above-named, is directed to be released on anticipatory bail in the event of his 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, Begusarai in connection with Begusarai Muffasil P.S. Case No. 273 of 2013 subject to the condition as laid down under Section 438(2) Cr. P.C.
(Jitendra Mohan Sharma, J)
Vats/-
U T
3 issues framed by the court
Whether the petitioner, father-in-law of the deceased alleged dowry death, is entitled to pre-arrest bail.
Whether allowance of bail to the petitioner's wife supports the petitioner's bail prayer.
Whether the petitioner can claim living separately from his wife to ensure bail.
1 provisions across 1 enactments
Pramod Malakar
The State of Bihar
Jitendra Mohan Sharma
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
