Petitioner sought bail in a dowry case under Section 302 IPC. Bench granted bail on conditions, noting co-accused also granted bail and petitioner has no antecedents.
Petitioner released on bail upon furnishing bond of Rs. 10,000/- with two sureties of similar amount subject to attendance and non-interference conditions.
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IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.80205 of 2018
Arising Out of PS. Case No.-419 Year-2018 Thana- RAJAON District- Banka
======================================================
Prasadi Harijan son of Late Sukar Harijan Resident of Village - Tilakpur, Police Station - Rajoun, District- Banka.
... ... Petitioner/s
Versus
The State Of Bihar
... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Praveen Kumar For the Opposite Party/s : Mr.Sri Sanjay Kumar Tiwary ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER
4 21-02-2019 Heard learned counsel for the parties.
Petitioner seeks bail in Rajoun P.S. Case No. 419 of 2018, registered for the offence punishable under Sections 302 , 120 (B) and 34 of the Indian Penal Code.
Informant who is the father of the deceased has alleged that petitioner (father-in-law) along with other family members killed his daughter for non-fulfillment of demand of dowry.
It has been submitted on behalf of the petitioner that he is innocent and has been falsely implicated in this case. No injury has been found on the person of the victim during postmortem and doctor could not ascertain cause of death hence viscera report has been kept reserved. It has been further submitted that similarly placed co-accused, Prafula Harijan
Patna High Court Cr.Misc. No.80205 of 2018(4) dt.21-02-2019 2/3
(husband) has been granted bail by co-ordinate Bench of this Court vide order dated 30.01.2019 passed in Cr. Misc. No. 4946 of 2019. Petitioner has got no criminal antecedent and is in custody since 06.10.2018.
Learned counsel for the informant has vehemently opposes grant of regular bail of the petitioner.
Considering the aforesaid facts and circumstances of the case, let the petitioner named above be released on bail upon furnishing bail bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of learned C.J.M., Banka, in connection with Rajoun P.S. Case No. 419 of 2018, with following conditions:-
(1)Bailors should be local having sufficient immovable property within the jurisdiction of the court concerned.
(2) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the court and shall remain physically present as directed by the Court and his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the court below.
(3) If the petitioner tampers with the
Patna High Court Cr.Misc. No.80205 of 2018(4) dt.21-02-2019 3/3
evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner.
(S. Kumar, J)
manoj/-
U T
1 issue framed by the court
Whether the petitioner should be granted bail in a case involving charge of dowry death punishable under Section 302 IPC?
1 provisions across 1 enactments
Prasadi Harijan
The State Of Bihar
S. Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
