Bench granted anticipatory bail to mother-in-law and sister-in-law of a deceased in a dowry death case, citing vague dowry allegations and potential delay in marriage date in the FIR, subject to surrender and bail bond conditions.
Release on bail subject to surrender and furnishing of Rs. 10,000 bail bonds each with two sureties.
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IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.55189 of 2017
Arising Out of PS.Case No. -130 Year- 2017 Thana -GHOSI District- JEHANABAD
====================================================== 1. Darpan Devi, Wife of Sri Arjun Paswan, 2. Ranju Devi @ Sanju Devi, Wife of Sri Ranjeet Paswan, Both resident of Village- Anantpur, P.S.- Ghosi (Okari) District- Jehanabad.
.... .... Petitioner/s Versus 1. The State of Bihar. .... .... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr. Bhola Kumar For the Opposite Party/s : Mr. Sri Tarkeshwar Nath Thakur ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER
3 18-01-2018 Heard the learned counsels for the petitioner, the informant and the State.
The petitioners who are the mother-in-law and the sister-in-law respectively of the deceased have sought for prearrest bail in connection with Ghosi (Okari) P.S. Case No. 130 of 2017 dated 08.06.2017 instituted for the offences under Sections 304(B), 201/34 of the Indian Penal Code.
From the FIR it appears that the deceased was married to the son of petitioner no. 1 in the year 2011 and two children were born out of the wedlock. There was a demand of dowry from before by all the accused persons and later, on 06.06.2017 the son of the informant was informed on telephone that his daughter and her minor son have been burnt to death.
Patna High Court Cr.Misc. No.55189 of 2017 (3) dt.18-01-2018
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Learned counsel for the petitioners has submitted that a vague and a general statement has been made in the FIR that there was a demand of additional dowry from the deceased. It has also been submitted that a false statement has been made in the FIR that the deceased was married to son of the petitioner no. 1 in the year 2011. The fact of the matter, it has been stated, is that the deceased was married to the son of the petitioner no. 1 in the year 2004 and two children were born out of the wedlock. The petitioners were staying separately from the deceased and her husband. From the investigation papers, it appears that charge sheet could be submitted under Section 302 and not under Section 304B of the Indian Penal Code. One of the surviving child of the deceased is being looked after by the petitioners.
The husband of the deceased is in custody.
For the facts stated above, the petitioners above named, in the event of their surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order, be released on bail on furnishing bail bonds of Rs. 10,000/- (Rs. Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned SubDivisional Judicial Magistrate, Jehanabad in connection with Ghosi (Okari) P.S. Case No. 130 of 2017, subject to the conditions
Patna High Court Cr.Misc. No.55189 of 2017 (3) dt.18-01-2018
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as laid down under Section 438(2) of the Cr.P.C.
(Ashutosh Kumar, J)
KKSINHA/-
U T
1 issue framed by the court
Whether the petitioners are eligible to be granted anticipatory bail in a dowry death case involving alleged false statements in the FIR regarding dowry demand and marriage date.
2 provisions across 2 enactments
Darpan Devi
Ranju Devi @ Sanju Devi
The State of Bihar
ASHUTOSH KUMAR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
