In Patna High Court Cr.Misc. No.18410 of 2017, Justice Jitendra Mohan Sharma granted bail to the accused in a dowry death case where prosecution witnesses had turned hostile. Bail was granted subject to standard conditions.
Petitioner released on bail bonds of Rs. 10,000 with two sureties of similar amount subject to standard conditions.
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.18410 of 2017 (3) dt.24-05-2017
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.18410 of 2017
Arising Out of PS.Case No. -337 Year- 2016 Thana -PATORI District- SAMASTIPUR
====================================================== Pankaj Kumar, Son of Ramroop Raid, resident of Village- Shadipur, P.S. Patory, District- Samastipur (Bihar).
.... .... Petitioner/s
Versus The State of Bihar. .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Deepak Kumar Singh, Adv. For the Opposite Party/s : Sri Sunil Kumar Pandey, APP
====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER
3 24-05-2017 Heard learned counsel for the petitioner and learned APP for the State.
The petitioner seeks bail in connection with Patory P.S. Case No. 337 of 2016 registered for the offence punishable under sections 304B/201/34 of the Indian Penal Code and 3/4 of the D.P. Act.
Allegedly, the petitioner being the husband of Sangeeta Kumari who was pregnant of four months, was killed by administering thymate (poison) in her mouth and her dead body was also cremated.
Submission is of false implication and that during trial the informant has been examined as P.W. 5 and he has turned hostile. His father (P.W. 1) has also turned hostile. Similarly, the
Patna High Court Cr.Misc. No.18410 of 2017 (3) dt.24-05-2017
mother (P.W. 2) has also turned hostile. Other witnesses (P.Ws. 3 and 4) have also turned hostile and have not supported the prosecution version and as such, the petitioner deserves sympathetic consideration. The certified copy of deposition has been filed, which is taken on record.
Learned APP submits that now the informant and other witnesses have retracted from their earlier version.
In the facts and circumstances stated above, the petitioner, above named, is directed to be released on bail on execution of bail bonds of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Samastipur in connection with Patory P.S. Case No. 337 of 2016, subject to the conditions that one of the bailors must be a near relative and another having sufficient immovable property within the territorial jurisdiction of the Court concerned and the petitioner shall remain present on each and every date during trial and the default on two consecutive dates on his part without any reason, shall disentitle the petitioner from privilege of bail.
(Jitendra Mohan Sharma, J)
Mahesh/-
U T
1 issue framed by the court
Whether the petitioner deserves bail in P.S. Case No. 337 of 2016 involving dowry death allegations based on witness turncoatism.
Pankaj Kumar
The State of Bihar
Jitendra Mohan Sharma
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
