This order granted anticipatory bail to the petitioner, a brother-in-law of the deceased in an S.C. case involving dowry death, noting that other in-laws had previously been granted similar relief.
Directed enlargement on bail by furnishing bond of Rs. 10,000 with two sureties of like amount to the Sessions Judge, Muzaffarpur.
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.6127 of 2015
Arising Out of PS.Case No. -27 Year- 2012 Thana -SAKRA District- MUZAFFARPUR ====================================================== 1. Sujit Kumar @ Sujit Kumar Sah son of Achhey Lal Sah, Resident of village- Baji Raut, Police Station- Sakra, District- Muzaffarpur .... .... Petitioner/s Versus 1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Kailash Nath Diwakar For the Opposite Party/s : Mr. Ahmad Ali(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 2 13-02-2015 Heard both sides. The petitioner apprehends his arrest in Sakra P.S. Case No. 27 of 2012 registered under sections 304(B)/34 of the Indian Penal Code.
The informant alleged that his daughter was married with Bishundev Sah on 20.01.2012 but on 16.02.2012 his daughter was killed by her husband and other in-laws. Learned counsel for the petitioner submits that two persons namely Shambhu Sah and Ghurni Devi the brother-inlaw and mother-in-law of the deceased have been granted anticipatory bail vide order dated 19.01.2015 passed in Cri. Misc. No. 26895 of 2014. Petitioner is also brother-in-law. It appears that the victim was killed within one and half months of her
Patna High Court Cr.Misc. No.6127 of 2015 (2) dt.13-02-2015
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marriage but since the petitioner is brother-in-law of the deceased and brother-in-law and mother-in-law of the deceased against whom same and similar allegations are made have already been enlarged on anticipatory bail, the above named petitioner in the event of his arrest or surrender before the court below within four weeks from the date of receipt/production of a copy of this order is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of like amount each to the satisfaction of learned 3rd Adhoc Additional Sessions Judge, Muzaffarpu in Sakara P.S. Case no. 27 of 2012 subject to the conditions as laid down under section 438(2) Cr.P.C.
(Prabhat Kumar Jha, J)
M.Rahman/-
U T
1 issue framed by the court
Whether to enlarge the petitioner on bail given that other in-laws similarly accused have already been granted anticipatory bail.
Sujit Kumar
The State of Bihar
Prabhat Kumar Jha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
