In a bail application under Sections 304B/34 IPC regarding a dowry death, the court considered the petitioner's custody, lack of criminal antecedents, and the witness retraction. The petition was allowed with a specific bail bond amount and sureties.
Petitioner released on bail by furnishing bonds of 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.38103 of 2019
Arising Out of PS. Case No.-140 Year-2017 Thana- SARE District- Nalanda
======================================================
Santosh Paswan Son of Raj Kumar Paswan Resident of Village- Jana, P.S.Sare, District- Patna.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr.Manoj Kumar Pandey For the Opposite Party/s : Mr.Rabindra Kumar ======================================================
CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER
3 15-07-2019
Heard learned counsel for the petitioner and learned
APP for the State.
The petitioner seeks bail in a case registered under Sections 304B/34 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 17-11-2018. Charge sheet has already been submitted. The house of the petitioner was caught fire and the deceased had sustained burn injuries, which led to her death. The informant has made an application before the
Patna High Court CR. MISC. No.38103 of 2019(3) dt.15-07-2019 2/2
court below vide Annexure-2 to the present application where he has retracted from his earlier statement made in the FIR.
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 learned Chief Judicial Magistrate, Nalanda at Bihar Sharif in connection with Sare P.S. Case No. 140 of 2017.
(Sudhir Singh, J)
A.K.V.//- U T
2 issues framed by the court
Whether the petitioner should be granted bail in a case for dowry death and culpable homicide by omission.
Whether the circumstances, including lack of antecedents and the victim's death by burn injuries, justify bail.
1 provisions across 1 enactments
SANTOSH PASWAN
STATE OF BIHAR
SUDHIR SINGH
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
