In a criminal miscellaneous application arising from a dowry death case involving drowning, the single judge granted bail to the petitioners, who are in-laws of the deceased, subject to conditions under Section 438(2) CrPC.
Petitioners released on bail via bond of Rs. 25,000 with two sureties of similar 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.61945 of 2019
Arising Out of PS. Case No.-173 Year-2019 Thana- DALSINGHSARAI District- Samastipur
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... ... Petitioner/s
Versus
The State of Bihar Bihar
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr.Bijay Bhushan Prasad For the Opposite Party/s : Mr.Harendra Prasad
======================================================
CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER
3 05-11-2019 Heard learned counsel for the parties.
The petitioners are apprehending their arrest in connection with Dalsinghsarai P.S.Case No.173 of 2019 registered for offences punishable under Sections 304(B)/34 of the Indian Penal Code.
Petitioner happens to be in-laws of the deceased and there is allegation of dowry death against the petitioners.
Submission of the learned counsel for the petitioners is that there is general and omnibus allegation against the petitioner and the information was given to the informant that
Patna High Court CR. MISC. No.61945 of 2019(3) dt.05-11-2019 2/2
she had fled away from the house and later on the dead body was found in the pond and the postmortem report shows that death is due to drowning.
On the other hand the learned counsel for the the informant has opposed the prayer for bail on the ground that the petitioners are named in the FIR and other witnesses during the investigation have also supported the prosecution case and names these accused persons also.
Heard learned A.P.P. also.
Having heard both sides and in view of the facts and circumstances, as stated above, let the petitioner, above named, in the event of arrest or surrender before the learned court below, be released on bail on furnishing bail bond of Rs.25,000/- (Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned ACJM Ist, Dalsinghsarai, Samastipur in connection with Dalsinghsarai P.S.Case No.173 of 2019, subject to conditions as laid down under Section 438 (2) of the Code of Criminal Procedure.
With the above direction, this application is allowed.
(Vinod Kumar Sinha, J)
chn/- U T
1 issue framed by the court
Whether the petitioners apprehending arrest in a dowry death case can be released on bail by furnishing a bail bond and sureties.
1 provisions across 1 enactments
RITA DEVI and ORS.
STATE OF BIHAR
VINOD KUMAR SINHA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
