This bail order grants pre-arrest bail to petitioners in a death case involving dowry demands. The court accepted arguments of implausibility regarding dowry demands and ordered release on bond and sureties subject to conditions.
Petitioners 1, 2, and 4-9 released on bail on bond of Rs. 10,000 each with two sureties of like amount.
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.56685 of 2017
Arising Out of PS.Case No. -57 Year- 2016 Thana -BHADAURA District- PATNA
======================================================
All R/o Village- Dahawan, P.S.- Bhadaur, District- Patna.
.... .... Petitioner/s Versus
.... .... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr. Ashok Kumar Singh For the Opposite Party/s : Mr. Sri Arun Kumar Singh -5
====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER
3 19-01-2018 Heard Mr. Nishant Kumar Sinha, the learned advocate for the petitioners seeks to withdraw the petition so far as petitioner no. 3 viz. Ravindra Paswan, son of Ram Prit Paswan is concerned.
As such the case of petitioner no. 3 is dismissed as
withdrawn.
The petitioners no. 1, 2 and 4 to 9 seek their prearrest bail in connection with Bhadaur P.S. Case No. 57 of 2016
Patna High Court Cr.Misc. No.56685 of 2017 (3) dt.19-01-2018
2
dated 12.07.2016 instituted under Sections 302/34 of the Indian Penal Code and Sections 3/4 of the Dowry Prohibition Act.
The petitioners no. 1 and 2 are the parents-in-law of the deceased, whereas petitioners no. 4, 5 and 6 are the younger brothers of the husband of the deceased. The petitioner no. 7 is one of the co-villagers whereas petitioners no. 8 and 9 are married sisters-in-law of the deceased.
The case of the prosecution is that the deceased was married to one Ravindra Paswan ten years ago and a child also was born out of the wedlock. However the prosecution case further reveals that for the last two years, all the accused persons were demanding motorcycle and Rs. 50,000/- in cash and nonfulfillment of the same lead to killing of the deceased by burning. From the records, it appears that the deceased died in P.M.C.H. after being afforded treatment.
Learned counsel for the petitioners has submitted that the deceased had caught accidental fire because of shot-circuit of the electric connection and for no apparent reason the present case has been lodged. The falsity of the allegation is writ large, it has been argued, from the prosecution version itself as it has been submitted that for about eight years, there was no demand of any money or article by way of dowry and only in the last two years,
Patna High Court Cr.Misc. No.56685 of 2017 (3) dt.19-01-2018
3
such demands were made.
These allegations, it has been suggested by the learned counsel for the petitioner, do not inspire confidence and it appears that only because the daughter of the informant died, the present case has been lodged in anger and for the purposes of wreaking vengeance. The petitioners no. 8 and 9 were married long time before the occurrence and they do not have any concern with the family of the deceased or the other petitioners.
In the facts and circumstances, the petitioners no. 1, 2 and 4 to 9 above named, in the event of their arrest or surrender before the court below within a period of three weeks from the date of receipt/production of a copy of this order, be released on bail on furnishing bail bond of Rs. 10,000/- (Rs. Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate, Barh, Patna in connection with Bhadaur P.S. Case No. 57 of 2016, subject to the conditions 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 petitioners are entitled to release on bail in a case concerning dowry death under Sections 302/34 IPC and 3/4 Dowry Prohibition Act.
3 provisions across 3 enactments
Ram Prit Paswan and others
The State of Bihar
Ashutosh Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
