This court granted bail to the husband and sister of the deceased accused in a Section 304(B) IPC case, directing execution of bail bonds with specific conditions regarding sureties and presence at trials.
Bail granted on execution of bonds of Rs. 10,000/- each with two sureties.
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.5780 of 2016
Arising Out of PS.Case No. -575 Year- 2015 Thana -HILSA District- NALANDA
(BIHARSHARIFF)
====================================================== 1. Amish Kumar S/o Anil Prasad
.... .... Petitioner/s Versus 1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Rajeev Kumar For the Opposite Party/s : Mr. P.K. Pandey (App)
====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER
3 18-02-2016 Heard learned counsel for the petitioners, learned counsel for the informant and the learned A.P.P. representing the State.
Petitioners seek bail in connection with Hilsa P.S. Case No. 575 of 2015 registered for the offence punishable under Section 304(B)/34 of the Indian Penal Code.
The petitioner no. 1 is the Nandosi and petitioner no. 2 is the Nanad of the deceased, Rinki Kumari but allegedly she was killed by her husband and other in-laws including the petitioners due to non-fulfillment of demand of dowry.
Submission is that petitioners are living separately since after the marriage of Goriya Kumari, in this case the motherin-law, Gita Kumari has been allowed bail today itself by another co-ordinate Bench of this Court and the petitioners are suffering in
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custody since 26.10.2015, having no criminal antecedent. The petitioner no. 1 is having no criminal antecedent and the petitioner no. 2 has been made accused in Hilsa P.S. Case No. 264 of 2013 in which he is on bail.
Learned A.P.P. duly assisted by the learned counsel for the informant opposes the prayer of bail.
In the facts and circumstances stated above, the above named petitioners are also directed to be released on bail on execution of bail bonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned A.C.J.M., Hilsa (Nalanda) in connection with Hilsa P.S. Case No. 575 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 petitioners shall remain present on each and every date during trial and the default on two consecutive dates on their part without any reason shall disentitle the petitioners from privilege of bail.
(Jitendra Mohan Sharma, J)
sushma/U T
1 issue framed by the court
Whether petitioners are entitled to bail in case registered for dowry death?
1 provisions across 1 enactments
Amish Kumar S/o Anil Prasad and Anr.
The State of Bihar
Jitendra Mohan Sharma
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
