The Patna High Court granted bail to the petitioner, a family member falsely implicated in a dowry death case under Section 304(B) IPC, on furnishing a bond with conditions regarding appearance in court.
Petitioner enlarged on bail on furnishing bond of Rs. 10,000 with two sureties of like amount each, upon strict conditions.
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.38126 of 2018
Arising Out of PS. Case No.-36 Year-2018 Thana- SATHI District- West Champaran
======================================================
Bechu Chaudhary, S/o Dhury Chaudhary, R/o village- Lachhanauta, P.S.Sathi, District- West Champaran.
... ... Petitioner/s
Versus
The State of Bihar.
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr. Bimlesh Kumar Pandey For the Opposite Party/s : Smt. Anita Kumari Singh ======================================================
CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER
3 09-07-2018
Heard learned counsel for the petitioner and learned
APP for the State.
Petitioner is languishing in judicial custody since 18.03.2018 in connection with Sathi P.S. Case No. 36 of 2018 for offences punishable under Sections 304(B), 201/34 of the Indian Penal Code.
The prosecution case, as lodged by the informant, is that his daughter Prabha Devi was married to one Harishankar Chaudhary in the year 2017 and due to non-fulfillment of demand of dowry she has been killed in less than one year of marriage. The petitioner is the elder brother-in-law of the deceased.
It has been submitted by the learned counsel for the petitioner that he is innocent, bears no criminal history and has been falsely implicated in the aforesaid case. He submits that
Patna High Court Cr.Misc. No.38126 of 2018(3) dt.09-07-2018 2/3
the husband of the deceased Harishankar Chaudhary is already in custody as per his supplementary affidavit at paragraph-2 stating the date of custody as 09.04.2018. He further submits that general and omnibus allegations have been levelled against all family members, petitioner is a married person and has his home and hearth separate from that of the deceased and her husband. It is also submitted that charge-sheet has already been submitted and there is no allegation of tampering of the prosecution witnesses by the petitioner.
However, learned APP for the State opposes the prayer for bail.
Considering the facts and circumstances and the materials on record, let petitioner, above named, be enlarged 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 Addl. District and Sessions Judge-1st cum-Special Judge, Bettiah, West Champaran, in connection with Sathi P.S. Case No. 36 of 2018, subject to the following conditions :
Patna High Court Cr.Misc. No.38126 of 2018(3) dt.09-07-2018 3/3
(Nilu Agrawal, J)
Rajesh/Pragya
U T
2 issues framed by the court
Whether the petitioner is eligible for bail in a case of dowry death under Sections 304(B) and 201 IPC.
Whether the petitioner, who is in judicial custody and has no history of tampering, should be enlarged on bail.
1 provisions across 1 enactments
Bechu Chaudhary
The State of Bihar
Nilu Agrawal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
