Single-judge bail order regarding a petitioner arrested for dowry death, cruelty, and conspiracy offences. Considering the delay in complaints and final charge formulation, the court granted bail pending investigation.
Petitioner released on bail on bond of Rs.10,000 with two sureties of like amount to the satisfaction of CJM, Bettiah.
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.13534 of 2016
Arising Out of PS.Case No. -469 Year- 2015 Thana -BETTIAH TOWN DistrictWESTCHAMPARAN(BETTIAH)
====================================================== Tabrej Alam son of late Md. Habib Mian .... .... Petitioner/s Versus The State of Bihar .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Brij Kishor Mishra, Advocate For the Opposite Party/s : Mr. Shyam Bihari Singh(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER
3 20-04-2016 Heard learned counsels for the petitioner and the
State.
The petitioner is languishing in custody since 23.12.2015 in a case registered for the offences punishable under sections 304B, 498A and 120B of the Indian Penal Code.
Prosecution case is of killing the daughter of the
informant for non-fulfillment of dowry demand.
It is submitted by learned counsel for the petitioner that the victim died on 31.05.2015 as she was suffering from diarrhea for which the father of victim lodged UD Case No. 3/2015 on 01.06.2015 alleging that the victim died due to diarrhea but after seven months, the informant filed Complaint Case No. 1518 C/2015 alleging that the victim was killed for non-fulfillment of dowry demand of motorcycle and rupees two
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lakhs, which came to registered as police case after its being transferred under section 156(3) of the Code of Criminal Procedure. During investigation the witnesses have submitted that the marriage was performed 9-10 years prior to death. On conclusion of investigation the final form has been submitted under section 306 IPC.
Considering the delayed lodging of the case, UD case lodged by the informant himself at earlier point of time and on conclusion of investigation the charge-sheet has been submitted under section 306 IPC, let the above named petitioner be released on bail, on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned CJM, Bettiah, West Champaran, in connection with Bettiah Town (Kalibag O.P.) P.S. Case No.469/2015.
(Dinesh Kumar Singh, J)
Ashwini/-
U T
1 issue framed by the court
Whether the petitioner, charged with dowry death and related offences, should be released on bail considering the delayed filing of the complaint.
2 provisions across 2 enactments
Tabrej Alam
The State of Bihar
Dinesh Kumar Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
