The Patna High Court granted anticipatory bail to petitioners who faced allegations of torture, harassment over a dowry demand, and tampering with thumb impressions.
Released on bail by furnishing a bond of Rs. 25,000 with two sureties of 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.2420 of 2019
Arising Out of PS. Case No.-312 Year-2018 Thana- DARIYAPUR District- Saran
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... ... Petitioner/s
Versus
The State of Bihar Bihar
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr.Nawal Kishore Singh, Advocate For the Opposite Party/s : Mr.Ajay Kumar Jha (App 243)
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CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER
The petitioners seek anticipatory bail in connection with Dariapur P.S.Case No. 312 of 2018, registered for offences punishable under Sections 341, 323, 398 (A) and 365/34 34 of the Indian Penal Code and Section 3/4 of Dowry Prohibition Act.
As per F.I.R., allegation against the petitioners is of subjecting the daughter of informant to torture and harassment with respect to non fulfillent of demand of Appachi motorcycle and they ousted her from his house. It is also submitted that the petitioners along with other accused persons forcibly took the thumb impression of the informant on a blank stamped paper.
Patna High Court Cr.Misc. No.2420 of 2019(3) dt.04-02-2019 2/2
Submission of the learned counsel for the petitioners is that petitioner No.1 is the brother of the husband of the victim, petitioner No. 2 is the mother-in-law and petitioners No. 3,4, 5 and 6 are sisters of the husband of the victim and there is no any specific allegation has been attributed against the petitioners and the petitioners have no criminal antecedents.
Learned A.P.P. as well as learned counsel for the informant opposes the prayer for bail.
Having heard both sides and in view of the facts and circumstances, as discussed above, let the petitioners, above named, in the event of their arrest or surrender, be released on bail on furnishing bail bond of Rs. 25,000/- (Twenty five thousand) with two sureties of the like amount each in connection with Dariapur P.S.Case No. 312 of 2018, to the satisfaction of learned A.C.J.M.-IV, Saran at Chapra subject to the conditions as laid down under Section 438 (2) of Cr.P.C. with condition that one of the bailors of the petitioners shall be a local person having sufficient immovable property within the jurisdiction of the concerned court.
sudha/-
(Vinod Kumar Sinha, J)
U T
1 issue framed by the court
Whether petitioners are entitled to anticipatory bail in connection with offences under Sections 341, 323, Section 398(A) and 365/34 of IPC and Dowry Prohibition Act.
1 provisions across 1 enactments
Uday Kumar and Ors
The State of Bihar
VINOD KUMAR SINHA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
