In a bail petition filed in a dowry-related murder case, the Patna High Court allowed the petitioner to be released on bail upon furnishing security bonds to the satisfaction of the Sessions Judge.
Order for release on bail by furnishing Rs. 10,000/- 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.8045 of 2018
Arising Out of PS. Case No.-343 Year-2017 Thana- ARARIA District- Araria
======================================================
Sambhu Rishideo, S/o Ram Lal Rishideo resident of Village Murballa, Ward No. 03, P.S. Araria, R.S. District- Araria.
... ... Petitioner/s
Versus
The State of Bihar.
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr. Anil Prasad Singh For the Opposite Party/s : Mr. SATYENDRA PRASAD ======================================================
CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER
3 07-03-2018
Heard learned counsel for the petitioner and learned APP for the State.
The petitioner seeks bail in a case registered under Sections 341, 323, 506, 304B of the Indian Penal Code.
Allegation is that the accused persons including the petitioner committed murder of the sister of the informant due to non-fulfilment of demand of dowry.
It has been submitted on behalf of the petitioner that the petitioner is in custody since 29.05.2017 and has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. The petitioner has been made accused due to mistake of fact. No offence under Section 304B of the I.P.C. is made out against the petitioner. The police has submitted charge sheet under Section 306 of the I.P.C.
Patna High Court Cr.Misc. No.8045 of 2018(3) dt.07-03-2018 2/2
Witnesses, in course of investigation, have stated that the deceased is alleged to have committed suicide.
On behalf of the State, it is submitted that the petitioner is named in the F.I.R.
Considering the aforesaid facts and circumstances, let the petitioner, above named, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of 2nd Addl. Sessions Judge, Araria in connection with S.T. No.294 of 2017 arising out of Araria (R.S.) P.S. case No.343 of 2017.
(Sudhir Singh, J)
Narendra/-
U T
1 issue framed by the court
Whether to grant bail to the accused in a dowry-related murder case.
2 provisions across 1 enactments
Sambhu Rishideo
The State of Bihar
SUDHIR SINGH
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
