The Patna High Court granted anticipatory bail to the petitioner brother of the deceased and his wife in a case alleging dowry death andculpable homicide, subject to conditions of surrender and cooperation.
Petitioners granted anticipatory bail upon surrender within six weeks, furnishing a bond of Rs. 10,000 each with two sureties.
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.39011 of 2018
Arising Out of PS. Case No.-325 Year-2017 Thana- KARAHGAR District- Rohtas
======================================================
... ... Petitioner/s
Versus
The State Of Bihar
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr. Rajani Ranjan Pd. Singh For the Opposite Party/s : Mr. Sri Iftekhar Mahmood ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER
2 05-07-2018
Heard learned counsel for the petitioners and learned APP for the State.
Petitioners apprehend their arrest in Kargahar ( Sirhi) P.S. case no. 325 of 2017 instituted for the offence under Section(s) 304B/34 of the Indian Penal Code and Section ¾ Dowry Prohibition Act.
It is submitted that petitioner no. 1 is elder brother of the husband of the deceased. Petitioner no.2 is wife of petitioner no.1. Both are living separately from the husband of the deceased.
In the written report there is general and omnibus allegation against both petitioners.
In the facts and circumstances of the case, prayer of the
Patna High Court Cr.Misc. No.39011 of 2018(2) dt.05-07-2018 2/2
petitioners for grant of anticipatory bail is allowed. In the event of surrender/arrest of the petitioners, named above, within six weeks from today in connection with Kargahar ( Sirhi) P.S. case no. 325 of 2017, they shall 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 the ACJM, Rohtas at Sasaram subject to the conditions as laid down under Section 438(2) Cr. P.C. with further conditions:(1) bailors should be local having sufficient immovable property within the jurisdiction of the court concerned, (2) petitioners shall cooperate in the trial and shall be present on each and every date fixed by the court and absence on two consecutive dates without proper and reasonable reason will automatically cancel bail bond of the petitioners and (3) if petitioners tamper with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioners.
(Sanjay Priya, J)
shyambihari/-
U T
1 issue framed by the court
Whether anticipatory bail should be granted to the petitioners apprehending arrest in the Kargahar P.S. case.
4 provisions across 3 enactments
Azad Chandrabansi
Sunaina Devi
The State Of Bihar
Sanjay Priya
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
