Criminal Miscellaneous appeal seeking anticipatory bail in a dowry death case registered under IPC sections 304-B and 120-B. The court rejected the prayer, noting the petitioners remained absconders for over a decade without seeking bail.
Prayer for anticipatory bail is rejected.
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IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.30882 of 2016
Arising Out of PS.Case No. -188 Year- 2003 Thana -JAGDIHSPUR District- BHOJPUR ====================================================== 1. Jhagaru Sah S/o Sri Bhagwan Sah 2. Bhalu Sah Son of Sri Bhagwan Sah Both are resident of village- Ichari P.S. Ayar District Bhojpur. .... .... Petitioner/s Versus The State of Bihar .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Uday Kumar For the Opposite Party/s : Mr. Sri Iftekhar Mahmood ====================================================== CORAM: HONOURABLE MR. JUSTICE KISHORE KUMAR MANDAL ORAL ORDER
The two accused persons are named in the FIR lodged in 2003 registered under sections 304-B and 120-B/34 IPC vide Jagdishpur P.S. Case No. 188 of 2003 and seek anticipatory bail. The father of the victim lodged the case that his daughter was married in the family of the petitioner in 2001 and within 02 years of marriage she was done to death in the matrimonial home for non fulfillment of the demand of dowry. Diverse submissions have been advanced by the petitioners.
It is stated that petitioner no.2 is the cousin father-inlaw. Some of the lady members of the family have recently been granted anticipatory bail.
Patna High Court Cr.Misc. No.30882 of 2016 (2) dt.08-08-2016
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Learned APP while opposing the prayer has submitted that at least for more than 12 years the petitioners remained absconder in the eye of law.
Considering the allegation and the fact that for 13 years no step for bail was taken by the petitioners, I am not persuaded to extend the privilege of anticipatory bail. Their prayer is rejected.
(Kishore Kumar Mandal, J)
HR/-
U T
1 issue framed by the court
Whether anticipatory bail should be granted to the petitioners named in the FIR for dowry-related offence.
Jhagaru Sah and Bhalu Sah
The State of Bihar
Kishore Kumar Mandal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
