High Court granted bail to petitioner in a matrimonial dispute case where tattoos/skin burning led to death, amidst allegations of dowry demand and torture under various IPC sections.
Petitioner directed to be released on bail by furnishing bail bonds of Rs.10,000 and 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.12864 of 2019
Arising Out of PS. Case No.-67 Year-2015 Thana- MAHARAJGANJ District- Siwan
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SANJAY TIWARI Son of Dinanath Tiwari Resident of Village- Risaura Tiwari Tola, P.S.- Maharajganj, District- Siwan.
... ... Petitioner/s
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr.Md. Aslam Ansari For the Opposite Party/s : Mr.Ram Bilash Roy Raman ======================================================
CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER
3 10-05-2019 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, 302, 201, 511/34 of the Indian Penal Code.
Allegation against the accused persons is of committing torture and thereafter caused death of the victim due to non-fulfilment of demand of dowry.
It has been submitted on behalf of the petitioner that the petitioner is in custody since 20.10.2018 and has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. Charge-sheet has been
Patna High Court CR. MISC. No.12864 of 2019(3) dt.10-05-2019 2/2
submitted in the present case. The petitioner has falsely been implicated in the present case. The case has been instituted after a period of 25 days. From perusal of paragraphs 15 and 27 of the case diary, it is evident that while lighting the gas, the deceased caught fire due to which she sustained burn injuries and subsequently succumbed to the injuries. Hence, no offence under Section 302 IPC is made out.
On behalf of the State, it is submitted that the petitioner is named in the F.I.R.
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 A.C.J.M.-V, Siwan in connection with Maharajganj P.S. Case No. 67/2015.
Pankaj/-
U T
(Sudhir Singh, J)
2 issues framed by the court
Whether the petitioner should be released on bail in a case involving offences under Sections 498A, 302, 201, and 511 read with Section 34 of the Indian Penal Code.
Whether the allegation of causing death due to non-fulfilment of demand of dowry is supported by facts in the case.
4 provisions across 1 enactments
Sanjay Tiwari
The State of Bihar
Manoj Pathak
Sudhir Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
