This oral order grants anticipatory bail to the husband, parents, and in-laws of the victim in a dowry-related case (Sections 498A, 304B, 34 IPC), noting the accusation is general and the husband was the primary target.
Petitioners released on anticipatory bail upon furnishing bond of Rs. 10,000 with two sureties within 12 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.46745 of 2015
Arising Out of PS.Case No. -50 Year- 2015 Thana -SUPAUL District- SUPAUL ====================================================== 1. Santosh Ram Son of Yogendra Ram, 2. Yogendra Ram, Son of Late Babuji Ram, 3. Savitri Devi, Wife of Yogendra Ram, All resident of village - Mohniya Santhal Tola, Police Station & District - Supaul. .... .... Petitioner/s Versus 1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Arun For the Opposite Party/s : Mr. Ansuaiya Jaiswal (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 2 05-10-2015 Heard learned counsels for the petitioners and the State. The petitioners being the brother and parents of the husband of the victim are apprehending arrest in a case registered for the offences punishable under Sections 498A and 304B/34 of the Indian Penal Code.
The prosecution case is of killing the husband of the informant within two years of the marriage for non-fulfillment of the dowry demand.
It is submitted by learned counsel for the petitioners that the accusation is omnibus and general against the entire in-laws family. On conclusion of the investigation, the petitioners were not sent up for trial but differing with the final form, cognizance has
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been taken, though, the husband of the victim has been chargesheeted.
Considering the fact that on conclusion of the investigation the petitioners were not sent up for trial and the thrust of accusation is against the husband of the victim, let the above named petitioners be released on anticipatory bail, in the event of arrest or surrender before the learned Court below within a period of 12 weeks from today, on furnishing bail bond of ` 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned A.C.J.M.-II, Supaul, in connection with Supaul P.S. Case No. 50 of 2015, subject to the conditions as laid down under Section 438(2) Cr.P.C.
(Dinesh Kumar Singh, J)
Amrendra/U T
1 issue framed by the court
Whether the alleged anticipatory bail petitioners should be granted anticipatory bail in a case involving offences under Sections 498A and 304B/34 of the Indian Penal Code.
Santosh Ram Son of Yogendra Ram
Yogendra Ram
Savitri Devi
The State of Bihar
Dinesh Kumar Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
