The High Court Patna granted bail to the petitioner, the second wife of the deceased husband, in a dowry death case. Despite general allegations, the bail application was allowed considering her status as a mother.
Petitioner released on bail bond of Rs. 20,000 with two sureties of like amount each.
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.3065 of 2018
Arising Out of PS.Case No. -118 Year- 2016 Thana -DAGARUA District- PURNIA
====================================================== 1. Nashrun @ Hajratun Nisha, Wife of Dilkhush @ Gulam Rabbani, resident of Village - Patringa, P.S. Dagarua, District - Purnea.
.... .... Petitioner/s Versus 1. The State of Bihar. .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Bijendra Kumar Singh For the Opposite Party/s : Mr. Umesh Lal Verma
====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER
2 17-01-2018 Heard learned counsel for the petitioner and learned APP for the State.
Petitioner seeks bail in a case registered for the offences punishable under Sections 304B/34 of the Indian Penal Code.
The petitioner is second wife of the husband of the deceased. Petitioner is also mother of a baby. There is general and omnibus allegation of commission of assault and death to the first wife.
Learned counsel for the State opposed the prayer
for bail.
Considering the general and omnibus allegation as well as the fact that the petitioner is a female and mother of a baby, let the petitioner, above named, be released on bail on
Patna High Court Cr.Misc. No.3065 of 2018 (2) dt.17-01-2018
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furnishing bail bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court below where the case is pending in connection with S.T. No. 339/2017/CIS No. 339/2017 arising out of Dagarua Police Station Case No. 118 of 2016, subject to the condition that the petitioner shall fully cooperate with the investigation and trial of the case, failing which the court below shall be at liberty to cancel the bail bond of the petitioner.
(Birendra Kumar, J)
Kundan/-
U T
1 issue framed by the court
Whether the petitioner, who is a married woman and mother, should be granted bail in a case alleging assault and death of the first wife under Section 304B IPC.
1 provisions across 1 enactments
Nashrun @ Hajratun Nisha
The State of Bihar
Birendra Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
