In an oral order, the Patna High Court granted bail to the petitioner, father-in-law of the deceased, charged under dowry and assault-related offenses, directing him to furnish a bail bond of Rs.10,000 with two sureties.
The petitioner was released on bail upon furnishing a bail bond of Rs.10,000 with two sureties of the like amount each.
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.8678 of 2018
Arising Out of PS.Case No. -344 Year- 2017 Thana -BAHERA District- DARBHANGA
====================================================== 1. Kari Sah @ Kari Sahu S/o late Saryug Sah Residence of Mohalla/VillBaigani, P.S. Bahera, Distt. Darbhanga.
.... .... Petitioner/s Versus 1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Kedar Jha For the Opposite Party/s : Mr. Sri Rajendra Nath Jha ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER
Heard learned counsel for the petitioner and learned APP for the State.
The petitioner seeks bail in a case instituted for the offences under Sections-498A, 341, 324, 379/34 of the Indian Penal Code and ¾ of Dowry Prohibition Act. Later on, Sections-307 & 304(B) of the Indian Penal Code was also added.
Prosecution case, in short, is that the deceased was killed by accused persons including the petitioner due to non-fulfillment of demand of dowry.
It has been submitted on behalf of the petitioner that the petitioner is father in law of the deceased. He is separate from mess and property of the husband of the deceased. The petitioner
Patna High Court Cr.Misc. No.8678 of 2018 (3) dt.22-03-2018
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is in custody since 14-10-2017 and has got no criminal antecedent. Charge-sheet/prosecution report has been submitted in this case. There is no allegation of tampering of witnesses alleged against the petitioner. The husband of the deceased is already in custody.
On behalf of the State, it is submitted that the petitioner is named in the F.I.R/complaint case.
Considering the aforesaid facts and circumstances, it is directed that 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 learned Additional Chief Judicial Magistrate, Benipur Darbhanga in connection with Bahera P.S. Case No. 344 of 2017.
(Sudhir Singh, J)
A.K.V./U T
1 issue framed by the court
Whether the petitioner is entitled to bail in the present criminal proceedings.
3 provisions across 2 enactments
Kari Sah @ Kari Sahu
The State of Bihar
Sudhir Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
