High Court declined anticipatory bail to petitioner facing prosecution for dowry death. Court directed surrender for regular bail consideration.
Prayer for anticipatory bail refused. Petitioner directed to surrender for regular bail.
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IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.47691 of 2016
Arising Out of PS.Case No. -388 Year- 2015 Thana -RAJIVNAGAR District- PATNA
====================================================== Chanda Singh @ Chandra Singh, wife of Balram Singh, resident of Village- Panchlakhi, Police Station- Nautan, District- Siwan, at present residing at Laxmi Narayan Colony, Bela Industrial Area, Muzaffarpur.
| .... Versus The State of Bihar |
.... Petitioner/s |
|---|---|
| .... .... ========================================== |
Opposite Party/s ============ |
| Appearance : | |
| For the Petitioner/s : Mr. Ramakant Sharma Mr. Lakshmi Kant Sharma Mr. Prem Shankar For the State Mr. N. Prasad Mr. Prabhat Kumar Singh |
|
| =============================================== CORAM: HONOURABLE MR. JUSTICE KISHORE MANDAL |
======= KUMAR |
| ORAL ORDER |
The petitioner is the mother-in-law of the victim/deceased and is facing prosecution under section 304-B/34 IPC vide Rajiv Nagar P.S. Case No. 388 of 2015.
The allegation, in brief, is that within 05 years of marriage, the victim was tortured on account of non-filfilment of the demand of dowry and was subsequently done to death in suspicious circumstances while she was at her Sasural. Earlier also, an attempt was made to do away with her life while she was in Mumbai which was reported to the police. On the date of
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occurrence, it was informed on phone that the victim has died.
Counsel for the petitioner submits that the victim, out of depression/dejection, committed suicide by hanging herself. The mother-in-law separately resides with his another son who works in Andra Bank. This factum has been noted while granting regular bail to the brother-in-law of the victim. It is further stated that she is survived by three-year-old daughter. The present petitioner is taking care of the baby. The father-in-law as well as the brotherin-law of the deceased has been granted regular bail on surrender.
Counsel for the informant and the State, on the other hand, opposed the prayer and submitted that in the inquest report it was noted that the death of the deceased occurred due to strangulation. The post mortem report also does not support the case of the petitioner that it was a case of suicide by hanging. The landlord of the house where the victim was residing had also supported the prosecution case.
Be that as it may, considering the seriousness of the allegations and other material reflected from the record, I am not persuaded to extend the petitioner the privilege of anticipatory bail. Prayer is accordingly refused.
Let the petitioner surrender and pray for regular bail and place all the relevant facts for consideration of the court which
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shall be considered and disposed of unprejudiced by the observation made in the present order.
(Kishore Kumar Mandal, J)
HR/-
U T
1 issue framed by the court
Whether anticipatory bail should be granted to the petitioner under Section 304-B/34 IPC.
Chanda Singh @ Chandra Singh
The State of Bihar
Kishore Kumar Mandal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
