The Patna High Court granted bail to the petitioner, a father-in-law, in a criminal case concerning dowry death and criminal conspiracy. The bail was allowed upon undertaking a bond and conditions of appearance.
Petitioner released on bail upon furnishing a bond of Rs. 10,000 with two sureties, subject to conditions of physical presence and non-tampering.
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.6850 of 2018
Arising Out of PS.Case No. -275 Year- 2017 Thana -CHAND District- BHABHUA (KAIMUR)
====================================================== Jhengat Sah, son of Late Ramadhar Sah, resident of Village- Birbhanpur, P.S. Chand, District Kaimur at Bhabua.
.... .... Petitioner/s
Versus
The State of Bihar.
.... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Pawan Kumar Singh, Advocate. For the Opposite Party/s :
====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR ORAL ORDER
The petitioner, already in custody, seeks bail in connection with Chand P.S.Case No. 275 of 2017 registered under Sections 304B and 120B/34 of the Indian penal Code.
Allegation in brief is that marriage of the deceased was solemnized in the year but she was tortured for further realizing a golden chain and motorcycle and her husband had illicit affairs with sister-in-law and she was burnt to death.
Learned counsel for the petitioner submits that allegation of demand of motorcycle and chain was never made by the petitioner though it is specific against the husband and petitioner is father-inlaw and is in custody since 06.12.2017.
Having considered the aforesaid facts and circumstances,
the petitioner, namely, Jhengat Sah, is directed to be released on
Patna High Court Cr.Misc. No.6850 of 2018 (2) dt.07-02-2018
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bail upon furnishing bail bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of the learned ACJM-IV, Kaimur at Bhabua in connection with Chand P.S. Case No. 275 of 2017 with condition that one of the bailor must be his close family member. Petitioner shall remain physically present on each and every date during trial and in case of failure on two consecutive dates without any medical urgency and if he tampers with the evidence his bail bond shall be liable to be cancelled
(Arun Kumar, J)
Sujit/-
U T
2 issues framed by the court
Whether the petitioner, a father-in-law accused in a dowry death case, is entitled to bail while maintaining custody.
Whether the specific allegation against petitioner's son regarding items demands establishes a prima facie case against the petitioner.
Jhengat Sah
The State of Bihar
Arun Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
