Hon'ble Court granted anticipatory bail to petitioners in a dowry-death case pending investigation, subject to surrender within six weeks and furnishing security bond, relying on post-mortem findings of no external injury.
Petitioners enlarged on bail by furnishing bond of Rs. 10,000 each with two sureties of like amount within six weeks.
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IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.17520 of 2017
Arising Out of PS.Case No. -14 Year- 2017 Thana -BELA District- SITAMARHI
.... .... Petitioner/s
Versus
The State of Bihar
.... .... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr. For the Opposite Party/s : Mr. ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER --------------
4 04-07-2017 Heard learned counsel for the petitioners and the learned A.P.P. for the State.
The petitioners apprehend their arrest in connection with Bela P.S. Case No.14 of 2017 registered under Sections 304(B)/34 of the Indian Penal Code.
The accusation is of killing the deceased, the daughter of the informant, by her husband and other in-laws, within three years of her marriage, for non fulfillment of the dowry demand.
Learned counsel appearing on behalf of the petitioners submits that the petitioners are parents-in-laws of the deceased, the daughter of the informant. In fact, the deceased died of
Patna High Court Cr.Misc. No.17520 of 2017 (4) dt.04-07-2017 2/3
diarrhoea and the information regarding the death of the deceased was given to the informant but with an ulterior motive, the informant has lodged this false case. After realizing the mistake, the informant has also filed an application before the court of the 1st Additional Sessions Judge, Sitamarhi, at the time of disposal of the anticipatory bail application of the petitioners. Further submission is that while viscera of the dead body of the deceased, the daughter of the informant, was kept preserved but in the postmortem examination of the dead body of the deceased, the daughter of the informant, no external injury was found on her person. The husband of the deceased, the daughter of the informant, is already in custody.
On the other hand, learned A.P.P. appearing for the State opposed the prayer of the petitioners for grant of anticipatory bail but very fairly submits that in the post-mortem examination of the dead body of the deceased, the daughter of the informant, no external injury was found on her person.
Having considered the facts and the circumstances of the case, let the petitioners, above named, in the event of their arrest or surrender by them within six weeks from today, be enlarged on bail on their furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) each with two sureties of the like amount each to the
Patna High Court Cr.Misc. No.17520 of 2017 (4) dt.04-07-2017 3/3
satisfaction of the Chief Judicial Magistrate, Sitamarhi, in connection with Bela P.S. Case No.14 of 2017, subject to the conditions laid down under Section 438(2) Cr.P.C.
(Rajendra Kumar Mishra, J)
P.S./-
U T
2 issues framed by the court
Whether the petitioners are entitled to anticipatory bail in a case alleging dowry-death under IPC Sections 304(B) and 34.
Whether conditions in bail application regarding surrender within six weeks and furnishing bond are acceptable.
1 provisions across 1 enactments
Sunita Devi and Shital Mahto
The State of Bihar
Rajendra Kumar Mishra
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
