Dismissed

Usha Devi and Anr. v. The State Of Bihar

Patna HC19 Jan 2016CR. MISC./56817/2015

Case brief

AI extract

What is this about?

In this criminal miscellaneous matter, the Patna High Court rejected the prayer for anticipatory bail filed by a mother-in-law and devar of a deceased woman accused under Section 304(B) IPC for dowry death. The court held that the presumption under law casts doubt on the grant of anticipatory bail without independent witnesses.

What did the court decide?

Prayer for anticipatory bail rejected; petitioner directed to surrender and seek regular bail in the Court below.

Usha Devi and Anr. Vs The State Of Bihar — Bail and Remand | Patna HC (2016)

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IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.56817 of 2015

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Arising Out of PS.Case No. -211 Year- 2015 Thana -AGAMKUAN District- PATNA ====================================================== 1. Usha Devi, wife of Shankar Ram, 2. Omkar Kumar @ Bhola Kumar Son of Shankar Ram, Both resident of Kumhrar, Police Station- Agamkuan, District- Patna. .... .... Petitioner/s Versus 1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Arvind Kumar Mouar For the Opposite Party/s : Mr. Rajeev Nayan (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE KISHORE KUMAR MANDAL ORAL ORDER 3 19-01-2016 Heard the Counsel for the petitioners and Mr. Ram Chandra Singh, APP for the State. Petitioners are facing accusations in Agamkuan P.S. Case No. 211 of 2015 registered under Section 304(B)/34 of the Indian Penal Code.

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The two petitioners herein are mother-in-law and devar of the deceased who was married to another son of petitioner no. 1 recently in the year 2014. Allegation in substance is that on account of non-fulfilment of dowry, she was done to death by strangulation while she was living in the matrimonial home.

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Contention of the petitioners is that no independent witness has been examined. The witnesses who have supported the

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Patna High Court Cr.Misc. No.56817 of 2015 (3) dt.19-01-2016

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2/2

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prosecution case are family members. The petitioners were living separately from the husband of the victim.

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Mr. Singh conversely submitted that in the inquest report, the I.O. found strangulation mark around the neck and the cause of death is also strangulation. Under the law, the presumption is that the accused persons have committed the occurrence until otherwise is demonstrated.

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Considering the facts and circumstances of the case as also the materials reflecting from record, particularly, the impugned order, I am not persuaded to privilege the petitioners with anticipatory bail.

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Their prayer for anticipatory bail is rejected. Petitioner may surrender and seek regular bail in the Court below

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(Kishore Kumar Mandal, J)

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Pankaj/-

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U T

Usha Devi and Anr. v. The State Of Bihar

Case brief

What is this about?

What did the court decide?

Usha Devi and Anr. v. The State Of Bihar

Case brief

What is this about?

What did the court decide?

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