The Patna High Court dismissed an application for pre-arrest bail in a dowry death case (Section 304-B IPC) due to the grave nature of the offence, allegations of conspiracy, and confirmation of ante-mortem injuries. Bail upon surrender may be considered later.
Pre-arrest bail denied; surrender followed by bail application may be considered.
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.2961 of 2016
Arising Out of PS.Case No. -108 Year- 2015 Thana -SHAKURABAD District- JEHANABAD ====================================================== 1. Jitendra Ram Son of kali Ram 2. Mamta Devi wife of Jitendra Ram 3. DharmShila Devi Wife of Upendra Ram All above named are resident of Village -Salarpur, Police Station- Shakurabad, District Jehanabad. .... .... Petitioner/s Versus 1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Girish Chandra Sharma, Adv. For the Opposite Party/s : Mr. B. N. Pandey (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 3 13-04-2016 Heard learned counsel for the petitioners and learned counsel for the State. The petitioners seek pre-arrest bail in connection with Shakurabad @ Shakurbad P.S. Case No. 108 of 2015 registered under Section 304-B read with 34 of the Indian Penal Code.
Regard being had to the gravity of the offence and the allegation that the petitioners in conspiracy with others killed the daughter of the informant in her matrimonial home within three years of her marriage due to non-fulfillment of demand of dowry as also the fact that the autopsy report reveals ante-mortem injury on the body of the deceased, I am not inclined to grant pre-
Patna High Court Cr.Misc. No.2961 of 2016 (3) dt.13-04-2016
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arrest bail to the petitioners. Accordingly, the application is dismissed. In case the petitioners surrender and seek bail, the same shall be considered on its own merit without being prejudiced in any manner by this order.
(Ashwani Kumar Singh, J) Pradeep/U T
3 issues framed by the court
Whether pre-arrest bail should be granted in a case alleging dowry death under Section 304-B IPC involving ante-mortem injuries.
Whether the gravity of the offence and presence of conspiracy justify denial of pre-arrest bail.
Whether surrender by petitioners can be considered separately for bail without prejudice.
2 provisions across 1 enactments
JITENDRA RAM S/o KALI RAM & ORS.
THE STATE OF BIHAR
ASHWANI KUMAR SINGH
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
