The Patna High Court rejected an application for anticipatory bail filed by the deceased woman's brother, sister-in-law, and mother-in-law, who faced murder and dowry-related charges. The court directed them to surrender within four weeks to seek regular bail.
Anticipatory bail rejected; respondents directed to surrender 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.
Patna High Court Cr.Misc. No.18331 of 2017 (5) dt.07-08-2017
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.18331 of 2017
Arising Out of PS.Case No. -88 Year- 2013 Thana -MAHILA PS District- JEHANABAD
====================================================== 1. Nagendra Paswan, S/o late Mallu Paswan 2. Khanchan Devi, W/o Nagendra Paswan
.... .... Petitioner/s
Versus
The State of Bihar.
.... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Kunwar Digvijay Singh, Advocate. For the Opposite Party/s : Mr. Smt. Suman Kumari Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER
5 07-08-2017 Heard learned counsel for the petitioners and the learned A.P.P. for the State.
The petitioners apprehend their arrest in connection with Jehanabad Mahila P.S. Case No. 88 of 2013, registered under Sections 304(B) and 201/34 of the Indian Penal Code and Section 3/4 of the Dowry Prohibition Act, pending in the court Chief Judicial Magistrate, Jehanabad.
The accusation is of killing the daughter of informant by her husband and in-laws within one year of her marriage due to non-fulfillment of demand of dowry and also to dispose of her dead body.
Learned counsel for the petitioners submits that
Patna High Court Cr.Misc. No.18331 of 2017 (5) dt.07-08-2017
petitioners are brother-in-law (Debar), sister-in-law (Gotni) and mother-in-law of the deceased, daughter of the informant, and they have falsely been implicated in this case without any specific overt
act.
Admittedly, petitioners are brother-in-law (Debar), sister-in-law (Gotni) and mother-in-law of the deceased and deceased, daughter of the informant, died at her matrimonial house within one year of her marriage and husband of the deceased is still absconding.
Having considered the facts and circumstances of the case and the nature of allegation against the petitioners, I am not inclined to grant anticipatory bail to the petitioners. Accordingly, his prayer for grant of anticipatory bail stands rejected. The petitioners are directed to surrender before the trial court within four weeks and pray for regular bail, which would be considered by the trial court in accordance with law without being prejudiced by the order of this Court.
(Rajendra Kumar Mishra, J)
Bhardwaj/-
U T
1 issue framed by the court
Whether anticipatory bail should be granted to siblings and mother-in-law of a deceased woman accused of dowry-related offences.
Nagendra Paswan and Others
The State of Bihar
Rajendra Kumar Mishra
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
