Sheikh High Court granted bail to the petitioner, the mother of the victim's husband, in a case for dowry death and cruelty, directing her to furnish a bond and sureties.
Petitioner to be released on bail on furnishing 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.19144 of 2016
Arising Out of PS.Case No. -27 Year- 2014 Thana -AUGARI District- NALANDA (BIHARSHARIFF) ====================================================== Shakuntala Devi @ Sakuntala Devi, wife of Kishori Prasad, resident of Village-Rasalpur, P.S.-Aungari, District-Nalanda .... .... Petitioner/s Versus 1. The State of Bihar 2. Kapildeo Prasad Singh, son of Late Sita Ram Garai, resident of Village-Parthu, P.S.-Ekangarsarai, District-Nalanda .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Rajeev Kumar For the Opposite Party/s : Mr. B.M.P.Sinha(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 2 02-05-2016 The petitioner being mother of the husband of the victim is languishing in custody since 10.03.2016 in a case registered for the offences punishable under Sections 498A, 304B, 201 of the Indian Penal Code and Section 4 of the Dowry Prohibition Act.
The basic accusation is of killing the niece of the informant after about three years of marriage for nonfulfilment of dowry demand.
It is submitted by learned counsel for the petitioner that the accusation is omnibus and general against the petitioner. For the occurrence of 10.03.2014 the complaint was filed on 30.03.2014 which came to be registered as police case on 17.05.2014. The husband of the victim is in custody. Moreover the husband of the petitioner has been granted bail by a coordinate Bench of this Court vide order dated
Patna High Court Cr.Misc. No.19144 of 2016 (2) dt.02-05-2016
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05.08.2015 passed in Cr. Misc. No. 27893 of 2015.
Considering the aforesaid facts, let the petitioner, above named, 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 Additional Chief Judicial Magistrate, Hilsa, Nalanda in connection with Aungari P.S. Case No. 27 of 2014.
(Dinesh Kumar Singh, J)
Shageer/-
U T
1 issue framed by the court
Whether the petitioner should be released on bail in a case involving offences under Sections 498A, 304B, 201 IPC and Section 4 of the Dowry Prohibition Act.
2 provisions across 2 enactments
Shakuntala Devi @ Sakuntala Devi
The State of Bihar
Kapildeo Prasad Singh
Dinesh Kumar Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
