The Court granted bail to the petitioner in a case allegedly offending under dowry-related sections. The Court noted the petitioner's distant relationship and residence, and that co-accused had already been released.
Released on bail on execution of bond of Rs. 10,000/- with two sureties, subject to conditions of presence and property.
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Patna High Court Cr.Misc. No.29799 of 2017 (2) dt.11-07-2017
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.29799 of 2017
Arising Out of PS.Case No. -23 Year- 2017 Thana -HILSA District- NALANDA
(BIHARSHARIFF)
====================================================== Girija Devi, Wife of Late Nandu Ram, resident of Village: Chamhera, P.S.: Ekangarsarai, District- Nalanda..... .... Petitioner
Versus The State of Bihar. .... .... Opposite Party ====================================================== Appearance : For the Petitioner/s : Mr. Sada Nand Roy For the Opposite Party/s : Mr. Sri Kumar Virendra Narayan
====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER
The petitioner seeks bail in connection with Hilsa P.S. Case No. 23 of 2017 registered for the offence punishable under Sections 304B/34 of the Indian Penal Code.
Learned counsel for the petitioner submits that from perusal of the first information report, so far as the petitioner is concerned, it reveals that there is no allegation of demand of dowry and she is not even the members of the family of the husband of the deceased. The petitioner is distantly related and is maternal grand-mother-in-law of the deceased. The petitioner is residing at a distance of 25 kilometer in different village and Anchal. The daughter and son-in-law of the petitioner have already been allowed pre-arrest bail vide Cr. Misc. No. 16432 of
Patna High Court Cr.Misc. No.29799 of 2017 (2) dt.11-07-2017
2017 on 15.06.2017 by another co-ordinate Bench of this Court. The petitioner is suffering in custody since 19.02.2017, chargesheet has already been submitted and there is no chance of tampering with prosecution evidence and as such the petitioner deserves sympathetic consideration.
Learned APP is not in a position to distinguish the case of the petitioner from that of co-accused who have been allowed pre-arrest bail vide Cr. Misc. No. 16432 of 2017.
In the facts and circumstances stated above, the petitioner above named is directed to be released on bail on execution of bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M. I, Hilsa, Nalanda in connection with Hilsa P.S. Case No. 23 of 2017, 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 her part without any reason shall disentitle the petitioner from privilege of bail.
(Jitendra Mohan Sharma, J)
avin/-
U T
2 issues framed by the court
Whether the petitioner, who is the deceased's maternal grand-mother-in-law and lived at a distance, deserves bail in a dowry-related case.
Whether the Sympathy Bail provisions apply given that some co-accused have already been released on bail.
1 provisions across 1 enactments
Girija Devi
The State of Bihar
Jitendra Mohan Sharma
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
