Allowed

Damodar Rai and Anr. v. The State Of Bihar

Patna HC17 Feb 2017CR. MISC./3746/2017

Case brief

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What is this about?

The Patna High Court allowed an application for anticipatory bail to two petitioners in a dowry death case. The court granted release upon furnishing a bail bond of Rs.10,000 each with sureties, subject to conditions under Section 438(2) CrPC.

What did the court decide?

Release on anticipatory bail by executing a bail bond of Rs.10,000 each with two sureties of the like amount.

Damodar Rai and Anr. Vs The State Of Bihar — Dowry and Cruelty | Patna HC (2017)

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IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.3746 of 2017

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Arising Out of PS.Case No. -83 Year- 2016 Thana -BACHWARA District- BEGUSARAI

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======================================================

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Damodar Rai, S/o Late Bihari Rai,

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Gulshan Rai @ Gulshan Kumar, S/o Chandra Shekhar Rai, Both R/o Village- Ranitola, P.S.- Bachhwara, District- Begusarai.

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.... .... Petitioner/s

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Versus The State of Bihar. .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Shubhesh Pandey For the Opposite Party/s : Mrs. Asha Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER

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2 17-02-2017 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.

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The petitioners are apprehending their arrest in a case registered for the offences punishable under Sections 304(B), 201/34 of the Indian Penal Code.

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The victim was married seven years prior to her death with co-accused Dilip Kumar. She was mother of two sons. Thereafter there is allegation for torture due to non-fulfilment of dowry demand and further allegation is that victim Deviwanti Devi was done to death for non-fulfilment of dowry demand.

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Submissions of the learned counsel for the petitioners is that the petitioners are father-in-law and relation of the family and, in fact, the marriage was solemnised much prior to seven years,

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Patna High Court Cr.Misc. No.3746 of 2017 (2) dt.17-02-2017

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2/2

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which has deliberately been suppressed. Moreover, the victim died of snake bike and after long delay the F.I.R. was lodged.

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Considering the nature of allegation and the materials,

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let the petitioners, above named, in the event of his arrest or surrender before the Court below within a period of four weeks from the date of receipt of the order, be released on anticipatory bail on furnishing bail bond of Rs.10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of J.M. 1^st Class, Begusarai/ Successor Court in connection with Bachhwara Police Station Case No83 of 2016, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

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(Birendra Kumar, J)

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BTiwary/-

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U T

Damodar Rai and Anr. v. The State Of Bihar

Case brief

What is this about?

What did the court decide?

Damodar Rai and Anr. v. The State Of Bihar

Case brief

What is this about?

What did the court decide?

What the court decided

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