This order discharged Sundari Devi and Naveen Jha on bail arising from a Section 304(B) and 34 IPC case involving dowry-related torture and suicide. The High Court granted bail for a bond of Rs. 10,000 each.
Petitioners released on bail on furnishing bond of Rs. 10,000 each with two sureties of like amount.
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.32541 of 2017
Arising Out of PS.Case No. -164 Year- 2016 Thana -SINGHIYA District- SAMASTIPUR
====================================================== Sundari Devi @ Sundra Devi wife of Late Mahesh Jha @ Maheshwar Jha resident of village - Sripur Mauan, P.S. - Singhia, District - Samastipur.
.... .... Petitioner
Versus The State of Bihar. .... .... Opposite Party ====================================================== with Criminal Miscellaneous No.32542 of 2017
.... .... Opposite Party
Arising Out of PS.Case No. -164 Year- 2016 Thana -SINGHIYA District- SAMASTIPUR ====================================================== Naveen Jha, son of Late Mahesh Jha @ Maheshwar Jha resident of village - Sripur Mauan, P.S. - Singhia, District - Samastipur.
.... .... Petitioner Versus The State of Bihar. .... .... Opposite Party ====================================================== Appearance : (In Cr.Misc. No.32541 of 2017) For the Petitioner/s : Mr. Manish Kumar No 13 For the Opposite Party/s : Mr. Khurshid Anwar (In Cr.Misc. No.32542 of 2017) For the Petitioner/s : Mr. Manish Kumar No 13 Mr. Rohit Kumar Mrs. Kanchan Jha For the Opposite Party/s : Mr. Khurshid Anwar ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER
Both the aforesaid applications arise out of Singhia P.S. Case No. 164 of 2016, registered under Sections 304(B)/34 of Indian Penal Code. Therefore, both the aforesaid applications have been heard together and are being disposed of by this common order.
3 10-08-2017
The allegation of informant Chandra Mukhi Devi is
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that her daughter Puja Devi was married with Praveen Jha before six years. After the marriage, her daughter was being tortured for demand of dowry by her husband and other in-laws and on 17.12.2016, her daughter informed that she will be killed by her husband and other in-laws. Thereafter, at about 7.00 A.M. her son-in-law informed that her daughter Puja set fire on her body. When informant reached at DMCH then she found the dead body of her daughter, where mother-in-law her daughter was present. It is alleged that the informant came to know that husband and inlaws after pouring kerosene oil set fire by lit of match to her daughter.
Learned counsel for the petitioners submits that the daughter of the informant sustained injury in course of cooking meal, thereafter, she was rushed for treatment, where she died and information regarding the occurrence was also given to the informant, who also reached there. Further submission is that petitioners are the mother-in-law and brother-in-law of the deceased. Further submission is that co-accused Vipin Jha, who is also brother-in-law of the deceased has been allowed privilege of anticipatory bail on 01.07.2017 vide Criminal Miscellaneous No. 27372 of 2017 by a co-ordinate Bench of this Court.
Having regard to the facts and circumstances of the
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case, let the above named petitioners, be released on bail, in the event of their arrest or surrender before the learned Court below within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the ACJM-V, Rosera, Samastipur in connection with Singhia P.S. Case No. 164 of 2016, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.
(Rajendra Kumar Mishra, J)
manish/-
U T
1 issue framed by the court
Whether the petitioners should be released on bail in connection with the murder/suicide case citing Section 304(B) and 34 IPC.
1 provisions across 1 enactments
Sundari Devi @ Sundra Devi
Naveen Jha
The State of Bihar
Rajendra Kumar Mishra
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
