The Patna High Court granted bail to the petitioner in a case alleging dowry death under Sections 304B and 120B of the IPC, directing him to furnish a bond of Rs. 10,000 with two sureties.
Petitioner released on bail by furnishing a 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.16338 of 2019
Arising Out of PS. Case No.-279 Year-2018 Thana- MUZAFFARPUR SADAR DistrictMuzaffarpur
======================================================
SURAJ KUMAR Son of Sri Awadhesh Sah R/o Village- Dumri, P.O- Khabra, P.S- Sadar , District- Muzaffarpur
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr.Shantanu Kumar For the Opposite Party/s : Mr.Choubey Jawahar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER
5 29-07-2019 Heard learned counsel for the petitioner and learned APP for the State.
The petitioner seeks bail in a case registered under Sections 304B, 120B of the Indian Penal Code.
Allegation against the petitioner is of committing torture and caused death of the victim due to non-fulfillment of demand of dowry.
It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. The petitioner is in custody since 28-04-2018. Charge sheet has already been submitted. In paragraphs-10 & 11 of the case diary, the witnesses have stated that the deceased had committed
Patna High Court CR. MISC. No.16338 of 2019(5) dt.29-07-2019 2/2
suicide. No offence u/S 304B of the Indian Penal Code is made out. At best, it is a case under Section 306 of the Indian Penal Code.
On behalf of the State, it is submitted that the petitioner is named in the Complaint Case/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 Ms. Divya Shekhar, learned Judicial Magistrate-Ist Class, Muzaffarpur in connection with Muzaffarpur Sadar P.S. Case No. 279 of 2018.
(Sudhir Singh, J)
A.K.V.//-
U T
1 issue framed by the court
Whether the petitioner should be released on bail in a case alleging dowry death and torture under Sections 304B and 120B of the Indian Penal Code.
Suraj Kumar
The State of Bihar
Sudhir Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
