This High Court granted anticipatory bail to petitioners apprehending arrest in a Dowry Death case, noting they were not close family members of the victim's husband.
Petitioners released on anticipatory bail upon surrender within 12 weeks, furnishing bond of Rs. 10,000 and two sureties each.
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.19909 of 2016
Arising Out of PS.Case No. -236 Year- 2015 Thana -JANDAHA District- VAISHALI(HAJIPUR) ====================================================== 1. Shankar Choudhary Son of Late Nathuni Choudhary. 2. Birju Choudhary son of Shankar Choudhary. 3. Birbal Choudhary, son of Shankar Choudhary, All are Resident of village - Adalpur, Police Station Jandaha District- Vaishali. .... .... Petitioner/s Versus 1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Ranjeet Kumar For the Opposite Party/s : Mr. Ajit Kumar (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER
The petitioner no. 1 being uncle and petitioner nos. 2 and 3 being cousin of the husband of the victim are apprehending arrest in a case registered for the offences punishable under Sections 304B and 201/34 of the Indian Penal Code.
The accusation is of killing the daughter of the informant after about six years of marriage for non fulfillment of dowry demands.
It is submitted by the learned counsel for the petitioners that the thrust of accusation is against the close family members of the husband of the victim. Statement has been made in paragraph 3 of the petition that the petitioners have no criminal antecedent.
Patna High Court Cr.Misc. No.19909 of 2016 (2) dt.04-05-2016
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Considering the fact that the petitioners are not close family members of 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 twelve weeks from today on furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned CJM, Vaishali at Hajipur in connection with Jandaha P.S. Case No.236 of 2015 subject to the conditions as laid down under Section 438(2) Cr.P.C.
(Dinesh Kumar Singh, J)
Anil/-
U T
1 issue framed by the court
Whether the petitioners are entitled to anticipatory bail in a Dowry Death case where they are not close family members of the husband.
1 provisions across 1 enactments
Shankar Choudhary
Birju Choudhary
Birbal Choudhary
The State of Bihar
Dinesh Kumar Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
