High Court granted anticipatory bail to the petitioner (mother-in-law of deceased) facing charges under IPC 304(B), 201, 34. Bail available within six weeks with sureties and specific conditions.
Anticipatory bail granted on surrender within six weeks with Rs.10,000 bond and two sureties of like amount under Section 438 CrPC.
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.9890 of 2018
Arising Out of PS.Case No. -355 Year- 2017 Thana -MUZAFFARPUR SADAR DistrictMUZAFFARPUR
====================================================== Rita Devi, Wife of Late Shankar Paswan, Resident of VillageParmanandpur, Dubey Tola, PS- Sadar, District- Muzaffarpur. .... .... Petitioner/s Versus The State of Bihar. .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Rajnandan Kumar, Advocate. For the Opposite Party/s : Smt. Veena Rani Prasad, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER
3 27-02-2018 Heard learned counsel for the petitioner and the State.
The petitioner apprehends her arrest in Muzaffarpur Sadar P.S. Case No. 355 of 2017 instituted for the offence under Sections 304(B), 201 and 34 of the Indian Penal Code.
Learned counsel for the petitioner has submitted that petitioner is mother-in-law of the deceased. She has no concern with the affairs of the husband of the deceased.
In the written report there is general and omnibus allegation against the petitioner.
Considering the facts and circumstances of the case, prayer for anticipatory bail of the petitioner is allowed. In the event of surrender/arrest of the petitioner, named above, within six weeks from today, in connection with Muzaffarpur Sadar
Patna High Court Cr.Misc. No.9890 of 2018 (3) dt.27-02-2018
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P.S. Case No. 355 of 2017, she shall be released on anticipatory bail on furnishing bail bond of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned
Chief Judicial Magistrate, Muzaffarpur, subject to the conditions as laid down under Section 438 (2) Cr. P.C. with further conditions (1) bailors should be local having sufficient immovable property within the jurisdiction of the court concerned, (2) petitioner shall cooperate in the trial and shall be present on each and every date fixed by the court and his absence on two consecutive dates without proper and reasonable reason will be liable to cancel his bail bond and (3) if petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner.
(Sanjay Priya, J)
S.Ali/-
U T
1 issue framed by the court
Whether anticipatory bail should be granted to the petitioner facing charges of dowry death and related offences.
1 provisions across 1 enactments
Rita Devi
The State of Bihar
Sanjay Priya
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
