Allowed

Smt. Sita Devi v. The State Of Bihar

Patna HC23 Sept 2016CR. MISC./40888/2016

Case brief

AI extract

What is this about?

This order grants anticipatory bail to a lady petitioner accused of dowry demand under Section 304B IPC. The High Court relied on her gender and lack of witness influence risk, directing her release upon surrender after arrest with a monetary bond.

What did the court decide?

Allow the application for anticipatory bail and release the petitioner on bail upon arrest or surrender with a bond of Rs. 10,000/- plus two sureties.

Smt. Sita Devi Vs The State Of Bihar — Dowry and Cruelty | Patna HC (2016)

¶1

IN THE HIGH COURT OF JUDICATURE AT PATNA

¶2

Criminal Miscellaneous No.40888 of 2016 Arising Out of PS.Case No. -7 Year- 2016 Thana -ASHTHWAN District- NALANDA (BIHARSHARIFF) ====================================================== 1. Smt. Sita Devi W/o Ram Khelawan Prasad Resident of village Ugwan, P.S. - Asthawa, District - Nalanda. .... .... Petitioner/s Versus 1. The State of Bihar. .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Sucheta Yadav For the Opposite Party/s : Mr. Mukeshwar Dayal ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER

¶3

2 23-09-2016 Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State.

¶4

This application, for grant of anticipatory bail, arises out of Asthawa Police Station Case No. 07 of 2016, disclosing offences under Section 304B/34 of the Indian Penal Code.

¶5

The petitioner is the mother-in-law of the

¶6

deceased.

¶7

Learned Counsel for the petitioner has submitted, referring to the First Information Report, that there is specific allegation of demand of dowry against the husband of the deceased and there is vague allegation of such demand against this petitioner. It has been submitted that considering the nature of accusation and the fact that

¶8

Patna High Court Cr.Misc. No.40888 of 2016 (2) dt.23-09-2016

¶9

2/2

¶10

the petitioner is a lady, there is no chance that she would be influencing the witnesses or tampering with the evidence.

¶11

Considering the above submissions, this application is allowed.

¶12

Let the petitioner, Sita Devi, in the event of her arrest or surrender before the Court below within six weeks, 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 learned Chief Judicial Magistrate, Biharsharif, at Nalanda, in connection with Asthawa Police Station Case No. 07 of 2016, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.

¶13

This is subject to the condition that the petitioner shall present herself before the police/Court, as the case may be, as and when required and in the event of failure on her part to appear before the Court on two consecutive occasions, her bail bond shall be liable to be cancelled.

¶14

(Chakradhari Sharan Singh, J.)

¶15

Prabhakar Anand/-c

¶16

U √ T √

Smt. Sita Devi v. The State Of Bihar

Case brief

What is this about?

What did the court decide?

Smt. Sita Devi 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

Mridula Sinha and Ors. Vs The State Of Bihar Through The Superintendent Of Police, Vigilance Department, Vigilance Investigat

Benju Singh @ Munna Kumar Singh Vs The State Of Bihar

Mahesh Sao Vs The State Of Bihar

Bachhu Ram and Ors. Vs The State Of Bihar

Nand Kumar Yadav Vs The State Of Bihar

Md. Talib Vs The State Of Bihar