In a bail matter concerning alleged dowry death involving torture, the Patna High Court granted bail to the petitioner upon furnishing security bonds of Rs.10,000 with two sureties of similar amount each.
Directed release of petitioner on bail furnishing Rs.10,000 with two sureties of like amount.
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.23595 of 2019
Arising Out of PS. Case No.-92 Year-2018 Thana- MADHWAPUR District- Madhubani
====================================================== SANTOSH KUMAR Son of Late Sonehi Bhagat Resident of Village - Bihari, P.S.- Madhawapur, Distt - Madhubani.
... ... Petitioner/s
Versus
THE STATE OF BIHAR
... ... Opposite Party/s
====================================================== Appearance :
For the Petitioner/s : Mr.Gagan Deo Yadav For the Opposite Party/s : Mr.Jitendra Kumar Singh
======================================================
CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER
4 05-07-2019
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 304B, 201, 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 17.11.2018 and has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. Charge-sheet has been submitted in the present case. The petitioner has falsely been implicated in the present case. A petition has been filed on behalf of the informant where he has retracted from his earlier
Patna High Court CR. MISC. No.23595 of 2019(4) dt.05-07-2019 2/2
statement made in the F.I.R.
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 Judicial Magistrate, 1st Class, Benipatti, Madhubani in connection with Madhwapur P.S. Case No. 92 of 2018.
(Sudhir Singh, J)
Pankaj/-
U T
2 issues framed by the court
Whether the petitioner ought to be released on bail in a case involving dowry death and dowry demand.
Whether the retraction of the informant supports the bail application in the said case.
SANTOSH KUMAR
THE STATE OF BIHAR
Sudhir Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
