The High Court at Patna granted bail to the petitioner, who was an elder brother of the husband of a deceased victim in a dowry death case, after hearing counsel.
Released on bail on furnishing a bond of Rs. 20,000 with two sureties.
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.26718 of 2019
Arising Out of PS. Case No.-272 Year-2014 Thana- MANIYARI District- Muzaffarpur
======================================================
Dharmesh Rai @ Dharmesh Roy Son of Nand Kishore Rai Resident of Village - Sahpur Mircha, P.S.- Maniyari, Distt - Muzaffarpur.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr. S. Jamil Akhtar, Advocate For the Opposite Party/s : Mr. Pradeep Narain Kumar, APP ======================================================
CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER
4 12-06-2019
Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.
The petitioner is languishing in custody for the offence punishable under Section 304B/34 of the Indian Penal Code.
Submission is that the petitioner is elder brother of the husband of the victim of dowry death. The husband of the victim is not an accused in this case. The petitioner is in custody since 02.02.2019. Father-in-law of the deceased has already been allowed bail by a coordinate Bench of this Court vide Annexure-2. The allegation is general and omnibus against the petitioner.
Considering the facts aforesaid, let the petitioner,
Patna High Court CR. MISC. No.26718 of 2019(4) dt.12-06-2019 2/2
above named, be released on bail on furnishing bail bond of Rs.20,000/- (Twenty Thousand) with two sureties of the like amount each to the satisfaction of the learned 13th Additional Sessions Judge, Muzaffarpur in connection with S.T. No.528 of 2018, arising out of Maniyari P.S. Case No.272 of 2014, with following conditions:
(a) Both the bailors shall be the resident of territorial jurisdiction of the learned Court-below having immovable property in his name.
(b) The petitioner shall fully cooperate with the trial of the case, failing which the court below shall be at liberty to cancel the bail bond of the petitioner.
(Birendra Kumar, J)
Mkr./-
U T
1 issue framed by the court
Whether the petitioner should be released on bail in a case involving offence under Section 304B and 34 of IPC.
Dharmesh Rai @ Dharmesh Roy
The State of Bihar
BIRENDRA KUMAR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
