Oral order granting bail to Muneshwar Ravidas, father-in-law of deceased, in dowry death case pending under Sections 304 B and 34 IPC, fixing bail bond and conditions.
Direction to release petitioner on bail on execution of bond with two sureties under specified conditions.
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.3992 of 2016
Arising Out of PS.Case No. -44 Year- 2015 Thana -AUGARI District- NALANDA (BIHARSHARIFF) ====================================================== Muneshwar Ravidas Son of Late Daso Ravidas, Resident of Village - Rasisa, Police Station - Aundari (Pirbigha O.P.), District - Nalanda. .... .... Petitioner Versus 1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Sunil Prasad, Advocate For the Opposite Party/s : Mr. Dr.Kr.Uday Pratap(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER
2 15-02-2016 Heard learned counsel for the petitioner and learned A.P.P. representing the State.
The petitioner seeks bail in connection with Aungari (Pirbigha O.P.) P.S. case No. 44 of 2015 registered for the offences punishable under Sections 304 B/34 of the Indian Penal Code.
Babli Devi the daughter of the informant was married to Lalkeshwar Ravidas three years ago and allegedly, she was being assaulted by her husband and other in-laws including the petitioner and ultimately, she was strangulated to death. Out of the wedlock there is one son and one daughter.
Submission is of false implication and that there is no allegation for demanding dowry, the petitioner has been living separately since long from the deceased and her husband, the husband
Patna High Court Cr.Misc. No.3992 of 2016 (2) dt.15-02-2016
2/2
is in custody, against the petitioner, there is no specific allegation and the petitioner suffering in custody since 29.09.2015 deserves sympathetic consideration.
Learned A.P.P. fairly submits that the petitioner is the father-in-law.
In the facts and circumstances stated above, considering the detention of the petitioner, now he is directed to be released on bail on execution of bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Learned Additional Chief Judicial Magistrate, Hilsa (Nalanda) arising out of Aungari (Pirbigha O.P.) P.S. case No. 44 of 2015 subject to the conditions that one of the bailors must be 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.
(Jitendra Mohan Sharma, J.)
rinkee/U
1 issue framed by the court
Whether the petitioner father-in-law entitled to bail in dowry death case despite co-accused in custody.
1 provisions across 1 enactments
Muneshwar Ravidas
The State of Bihar
Jitendra Mohan Sharma
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
