Granting bail to petitioner in a dowry death case where the informant filed a compromise petition and no longer supports prosecution, directing release on surety with specific conditions.
Petitioner released on bail bond of Rs. 10,000 with two sureties of similar amount, subject to conditions including presence at trial and surety qualifications.
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.2500 of 2016
Arising Out of PS.Case No. -38 Year- 2015 Thana -THAKURGANJ District- KISANGANJ ====================================================== 1. Sarwar @ Sarwar Alam Son of Saidur Rahman, Resident of Village - Barahmani, Police Station - Powakhali in the district of Kishanganj. .... .... Petitioner/s Versus 1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Vijay Kumar For the Opposite Party/s : Mr. Md.Sufiyan (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 3 28-03-2016 Heard the learned counsel for the petitioner as well as the learned A.P.P for the State.
The petitioner seeks bail in a case for the offence punishable under section 304 (B)/34 of the I.P.C
Allegedly, Naznin Begum, the daughter of the informant, was married to the petitioner one year ago and thereafter due to non fulfillment of demand of dowry by way of motorcycle and cash of Rs. 50,000/- she was done to death by the petitioner and other in-laws.
Submission is of false implication and that the petitioner never demanded anything from any one, as a matter of fact the wife of the petitioner was short tempered lady and due to trivial dispute she committed suicide by hanging, the doctor has
Patna High Court Cr.Misc. No.2500 of 2016 (3) dt.28-03-2016
2/2
also found the cause of death asphyxia and shock as a result of hanging, the informant after realizing the truth has filed compromise petition and as such the petitioner who is suffering in custody since 02.05.2015 deserves sympathetic consideration, to which the learned A.P.P. opposes by submitting that the petitioner is the husband.
In the facts and circumstances as stated above, considering that the informant now is not ready to support the prosecution version and as such the petitioner is directed to 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 Sri A. Suman, J.M. 1st Class, Kishanganj in Thakurganj (Powakhali) P.S. Case No. 38 of 2015/ G.R. No. 232 of 2015, subject to the conditions that one of the bailors must be a near relative and another having sufficient immovable property within the territorial jurisdiction of the court concerned and the petitioner shall remain present on each and every date during trial and the default on two consecutive dates on his part without any reason shall disentitle the petitioner from privilege of bail.
Abhay/U T
(Jitendra Mohan Sharma, J)
1 issue framed by the court
Whether the petitioner deserves bail considering the informant's compromise and lack of support for the prosecution version in a dowry death case.
1 provisions across 1 enactments
Sarwar @ Sarwar Alam
The State of Bihar
Jitendra Mohan Sharma
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
