In an anticipatory bail petition regarding a dowry death under Sections 304-B/34 IPC, the High Court granted bail subject to conditions, noting the deceased's husband was already in custody.
Released on bail bonds of Rs. 10,000 each with two sureties of similar amount via A.C.J.M., Hilsa, Nalanda.
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.10572 of 2016
Arising Out of PS.Case No. -9 Year- 2016 Thana -KARAI PARSURAI District- NALANDA (BIHARSHARIFF) ====================================================== 1. Lallu Gope, Son of Late Shivaji Yadav 2. Chinta Devi, Wife of Lallu Gope. Both are residents of village : Galimpur, P.S. - Karai Parsurai, District - Nalanda. .... .... Petitioner/s Versus 1. The State of Bihar. .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Mrigendra Kumar, Advocate For the Opposite Party/s : Mr. Anuj Kumar Shrivastava(APP) ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 3 20-05-2016 Heard learned counsel for the petitioners, learned counsel for the informant and learned APP for the State. Petitioners apprehend arrest in connection with Karai-Parsurai P.S. Case No. 09/16 for offences alleged under Sections 304-B/34 of the Indian Penal Code. The prosecution case, as lodged by the informant is that on 26.01.2016 he got information that his daughter has been killed by the accused persons due to non-fulfillment of demand of dowry. On such information informant went at the sasural of his daughter and found the house locked. On query the villagers told that his daughter was killed in the night of 25.01.2016 and the accused persons also caused disappearance of the dead body.
Patna High Court Cr.Misc. No.10572 of 2016 (3) dt.20-05-2016
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It has been submitted by the learned counsel for the petitioners that they are father-in-law and mother-in-law respectively of the deceased and the allegation of torture on demand of dowry against them is not specific. He submits that the husband of the deceased is already in custody and there is no chance of tampering with the evidence or absconding.
However, learned counsel appearing on behalf of the informant submits that the petitioners have actively participated in the occurrence causing death of the daughter of the informant and also caused disappearance of the dead body and vehemently opposed the prayer for bail.
Learned APP for the State submits that the petitioners are named in the First Information Report, hence, opposes the prayer for bail.
Be that as it may, since the husband of the deceased is already in custody, let petitioners, above named, in the event of their arrest or surrender before the court below within a period of eight weeks from today, be released on bail on furnishing bail bonds of Rs. 10,000/-(Ten thousand) each with two sureties of the like amount each to the satisfaction of learned A.C.J.M., Hilsa, Nalanda, in connection with Karai Parsurai P.S. Case No. 09/16, subject to the conditions as laid down under
Patna High Court Cr.Misc. No.10572 of 2016 (3) dt.20-05-2016
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Section 438(2) Cr.P.C.
However, it is made clear that the petitioners will appear before the police/ court as and when required and on failure to appear on two consecutive dates will be liable for cancellation of their bail bonds.
(Nilu Agrawal, J.)
Rajesh/U T
1 issue framed by the court
Whether the petitioners as father-in-law and mother-in-law are entitled to anticipatory bail in a dowry-related murder case.
2 provisions across 2 enactments
Lallu Gope
Chinta Devi
State of Bihar
Nilu Agrawal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
