This oral order allowed an application for anticipatory bail. The petitioner, accused of dowry death under Section 304-B IPC, was granted bail on the condition of furnishing a bond and appearing within six weeks.
Petitioner granted anticipatory bail to be released within six weeks on furnishing a bail bond of Rs. 25,000 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.74486 of 2018
Arising Out of PS. Case No.-112 Year-2017 Thana- SIKTA District- West Champaran
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Champa Devi wife of Sri Prahlad Paswan, Resident of Village- Sirisiya, P.S. Sikta, District- West Champaran.
... ... Petitioner/s
Versus
The State Of Bihar
... ... Opposite Party/s
====================================================== Appearance :
For the Petitioner/s : Mr. Umesh Chandra Verma For the Opposite Party/s : Mr.Uma Shankar Prasad Singh
======================================================
CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER
3 11-04-2019 This is an application for grant of anticipatory bail in connection with Sikta P.S. Case No. 112 of 2017, disclosing offences under Sections 304-B, 201/34 of the Indian Penal Code.
Allegation against the petitioner, who happens to be the mother-in-law of the deceased, is of committing dowry death of the deceased.
Submission of learned counsel for the petitioner is that there is delay in lodging in F.I.R. and no specific allegation has been attributed against the petitioner either in the F.I.R. or even during the course of investigation. Further, the petitioner has no criminal antecedent.
Heard learned A.P.P. also.
Having heard both sides, considering the above
Patna High Court CR. MISC. No.74486 of 2018(3) dt.11-04-2019 2/2
submission, this application is allowed. Let the petitioner, above named, in the event of her arrest or surrender before the court below within six weeks, be released on bail on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-III, West Champaran, Bettiah, in connection with Sikta P.S. Case No. 112 of 2017, subject to the condition laid down under Section 438(2) of the Code of Criminal Procedure.
(Vinod Kumar Sinha, J)
Amjad/-
U T
2 issues framed by the court
Whether an application for anticipatory bail in a dowry death case should be allowed given the alleged delay in FIR and lack of specific allegations against the petitioner.
Whether the condition of a bail bond with sureties and a time limit for surrender is appropriate.
1 provisions across 1 enactments
Champa Devi
The State Of Bihar
Vinod Kumar Sinha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
