High Court of Patna granted bail to the petitioner, who is the mother-in-law of the deceased in a Dowry Death case under Sections 304B/34 IPC, after ruling out constitutional infirmities. Bond fixed at Rs. 10,000.
Petitioner released on bail by furnishing a bond of Rs. 10,000 with two sureties of the like amount to the C.J.M., Khagaria.
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.31228 of 2017
Arising Out of PS.Case No. -105 Year- 2016 Thana -CHAUTHAM District- KHAGARIA
======================================================
.... .... Petitioner/s
Versus
.... .... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr. Lakshmi Kant Sharma For the Opposite Party/s : Mr. Md. Ashlam Ansari
====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER
2 10-07-2017 Heard learned counsel for the petitioner and the State.
The petitioner seeks bail in a case registered under Sections 304B/34 of the Indian Penal Code.
It has been submitted on behalf of the petitioner that the petitioner is the mother-in-law of the deceased. The husband has been granted bail by the learned court below. The learned Sessions Judge has rejected the prayer for bail of the petitioner on the ground that this Court has already rejected the prayer for anticipatory bail of the petitioner and the petitioner was directed to surrender before the court below. Accordingly, the petitioner surrendered before the court below. From the written report it appears that there is no allegation of any specific overt act against the petitioner.
Patna High Court Cr.Misc. No.31228 of 2017 (2) dt. 10-07-2017
2/2
Considering the facts and circumstances of the case, the
prayer for bail is allowed.
Let, above named petitioner, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned C.J.M., Khagaria in connection with Chautam P.S.Case No. 105 of 2016.
(Sanjay Priya, J)
singh/-
U
2 issues framed by the court
Whether the prayer for bail of the mother-in-law of the deceased in a Section 304B IPC case should be allowed despite previous rejection of anticipatory bail.
Whether the petitioner is entitled to bail given that there are no specific allegations of overt acts against her in the report.
1 provisions across 1 enactments
Samrun Khatoon
The State of Bihar
Sanjay Priya
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
