This bail petition filed in a dowry death case accused the petitioner of falsely lodging a case to extract money. The High Court granted bail given the lack of specific torture allegations and the victim's suicide nature.
Petitioner directed to be enlarged on bail by furnishing bail 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.4213 of 2015
Arising Out of PS.Case No. -300 Year- 2014 Thana -MOTIHARI MUFASIL DistrictEASTCHAMPARAN(MOTIHARI) ====================================================== 1. Jhabu Lal Prasad S/O Late Makun chand Sah Resident of vill-Katahan Loknathpur,P.S-Muffasil,Distt.-East Champaran .... .... Petitioner/s Versus 1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Sunil Kumar No.Iii For the Opposite Party/s : Mr. Dr. Kumar Uday Pratap (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 2 02-02-2015 Heard both sides. The petitioner seeks bail in Muffasil P.S. Case No. 300 of 2014, registered for the offences punishable under Section 304B and other Sections of the Indian Penal Code.
The informant, father of the deceased alleged that his daughter was married to Arun Prasad three years ago and she also gave birth to a male child, but thereafter, the accused persons killed his daughter.
Learned counsel for the petitioner submits that the petitioner is father-in-law of the deceased. The victim committed suicide and the information was given to the informant and his family members, but thereafter the informant made an attempt to
Patna High Court Cr.Misc. No.4213 of 2015 (2) dt.02-02-2015
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extract money from the petitioner and that is why this false case has been lodged.
Having considered the facts aforesaid and the fact that the petitioner is father-in-law of the deceased and no specific allegation is made about the demand of dowry and torture, the petitioner is directed to be enlarged 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 Sub-Divisional Judicial Magistrate, Sadar, Motihari in connection with Muffasil P.S. Case No. 300 of 2014.
(Prabhat Kumar Jha, J.)
KKSINHA/-
U T
2 issues framed by the court
Whether the petitioner, father-in-law of the deceased alleged to have committed dowry death, should be granted bail.
Whether an allegation that the case is false to extract money warrants granting bail without specific torture allegations.
1 provisions across 1 enactments
Jhabu Lal Prasad
The State of Bihar
Prabhat Kumar Jha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
