Allowed bail for petitioners facing arrest in a dowry-assault case cited under Sections 323, 307, and 498A IPC. The High Court noted the absence of a medical injury report and general allegations supporting the warrants.
Direction to enroll petitioners on bail on furnishing a bond of Rs. 10,000/- with two sureties within four weeks.
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.10461 of 2017
Arising Out of PS.Case No. -176 Year- 2015 Thana -NOKHA District- SASARAM (ROHTAS)
======================================================
.... .... Petitioner/s
Versus
.... .... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr. Sada Nand Roy For the Opposite Party/s : Mr. Sri Upendra Kumar
====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER
2 15-03-2017 Heard both sides.
The petitioners apprehend their arrest in Nokha P.S. case No. 176 of 2015 under Section 323, 307, 498A/34 of the Indian Penal Code.
The informant filed complaint case on the basis of which the present FIR was registered. The informant made omnibus and general allegation against the petitioners that they assaulted his daughter due to non fulfillment of demand of dowry.
The learned counsel for the petitioners submits that there is no injury report on record. The informant alleged in the complaint petition that prescription is attached with the complaint
Patna High Court Cr.Misc. No.10461 of 2017 (2) dt.15-03-2017
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petition but no such annexure is found along with the complaint petition. The petitioners are father-in-law, mother-in-law and brother-in-law of the daughter of informant. No specific allegation of assault is made against the petitioners.
Considering the facts aforesaid and the nature of allegations made against the petitioners, the above named petitioners, in the event of their arrest or surrender before the learned court below within a period of four weeks from the date of receipt / production of a copy of this order, are directed to be enlarged on bail on furnishing 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-V, Rohtas at Sasaram in Nokha P.S. Case No. 176 of 2015, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.
(Prabhat Kumar Jha, J)
BKS/-
U T
1 issue framed by the court
Whether petitioners apprehending arrest under Sections 323, 307, 498A/34 IPC are entitled to bail bonds given lack of injury report and general allegations against them.
2 provisions across 2 enactments
Munni Devi
Bhagwan Singh
Chhotan Singh
State of Bihar
Jwala Prasad Singh
Sarita Devi
Prabhatar Kumar Jha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
