Allowed

Adalat Rai and Anr. v. The State Of Bihar

Patna HC16 Mar 2016CR. MISC./2943/2016

Case brief

AI extract

What is this about?

In a bail application under Sections 304B and 201/34 IPC regarding a dowry-death, the Patna High Court granted bail to two petitioners. The court relied on the absence of specific allegations against them and their separate residence from the deceased's family.

What did the court decide?

Release on bail of Rs. 10,000 each with two sureties of like amount, subject to conditions of presence in court and bond execution.

Adalat Rai and Anr. Vs The State Of Bihar — Dowry and Cruelty | Patna HC (2016)

¶1

Patna High Court Cr.Misc. No.2943 of 2016 (4) dt.16-03-2016

¶2

IN THE HIGH COURT OF JUDICATURE AT PATNA

¶3

Criminal Miscellaneous No.2943 of 2016

¶4

Arising Out of PS.Case No. -155 Year- 2015 Thana -GARKHA District- SARAN

¶5

======================================================

¶6

Adalat Rai Son of late Ramanand Rai 2. Dasrath Rai Son of Adalat Rai Both are Resident of Village-khori, Pakar, Police station Garkha, District Saran at Chapra..... .... Petitioners

¶7

Versus 1. The State of Bihar .... .... Opposite Party ====================================================== Appearance : For the Petitioner/s : Mr. Narendra Kumar For the Opposite Party/s : Mr. Sunil Kumar Pandey(App)

¶8

====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER

¶9

4 16-03-2016 Heard learned counsel for the petitioners and learned APP for the State.

¶10

The petitioners seek bail in connection with Garkha P.S. Case No. 155 of 2015 registered for the offences punishable under Sections 304B, 201/34 of the Indian Penal Code.

¶11

The accusation against the petitioners is that they being father-in-law and bhaisur of Rita Devi (deceased) along with other co-accused strangulated her to death due to non-fulfillment of demand of additional dowry.

¶12

Submission is of false implication and that there is no specific allegation against the petitioners, the allegations are omnibus and general in nature, the petitioners are living separately from the husband of the deceased since long having no concern with the family affairs of deceased or her husband, co-accused

¶13

Patna High Court Cr.Misc. No.2943 of 2016 (4) dt.16-03-2016

¶14

Bachani Devi has already been allowed pre-arrest bail and as such the petitioners also deserve sympathetic consideration as they are suffering in custody since 24.08.2015 and the husband of the deceased is already in custody.

¶15

Learned APP fairly submits that against the petitioners there is no specific allegation.

¶16

In the facts and circumstances stated above, the petitioners above named are directed to be released on bail on execution of bail bonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Saran at Chapra in connection with Garkha P.S. Case No. 155 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 petitioners shall remain present on each and every date during trial and the default on two consecutive dates on their part without any reason shall disentitle the petitioners from privilege of bail.

¶17

(Jitendra Mohan Sharma, J)

¶18

avin/-

¶19

U T

Adalat Rai and Anr. v. The State Of Bihar

Case brief

What is this about?

What did the court decide?

Adalat Rai and Anr. v. The State Of Bihar

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Vijay Ram Vs The State Of Bihar

Hari Singh Vs The State Of Bihar

Ravi Raj @ Ravi Rai @ Lolba @ Ravi Kumar @ Lolab Vs The State Of Bihar

Ghanshyam Mandal Vs The State Of Bihar

Subhash Chaudhary Vs The State Of Bihar

Sri Bhagwan Singh @ Bhagwan Singh and Ors. Vs The State Of Bihar