The High Court of Patna released the petitioner on bail in a dowry death case alleging torture and causing death under Section 304B IPC, directing furnishing of a bail bond and sureties.
Petitioner released on bail on furnishing a bond of Rs. 10,000/- with two sureties of the like amount.
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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.80361 of 2018
Arising Out of PS. Case No.-381 Year-2018 Thana- BARACHATTI District- Gaya
======================================================
Satyendra Singh, son of Jagdev Singh, resident of Village – Amkola, P.S.Mohanpur, District- Gaya (Bihar).
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr.Arvind Kumar Singh For the Opposite Party/s : Mr.Sanjay Kumar Tiwary ======================================================
CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH
ORAL ORDER
3 09-04-2019
Heard learned counsel for the petitioner and learned APP for the State.
The petitioner seeks bail in a case instituted for the offences under Sections 304B and 34 of the Indian Penal Code.
Allegation against the petitioner is of committing torture and thereafter caused death of the victim due to nonfulfilment of demand of dowry.
It has been submitted on behalf of the petitioner that the petitioner is in custody since 25.6.2018 and has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. Charge-sheet has been submitted in the present case. The petitioner has falsely been implicated in the present case. After investigation, the police submitted charge-sheet under Section 306IPC. Hence no offence
Patna High Court CR. MISC. No.80361 of 2018(3) dt.09-04-2019 2/2
under Section 304B IPC is made out. The petitioner has been made accused due to mistake of fact.
On behalf of the State, it is submitted that the petitioner is named in the F.I.R/complaint case.
Considering the aforesaid facts and circumstances, it is directed that 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 A.C.J.M., Sherghati, Gaya in connection with Barachatti (Mohanpur) P.S. Case No. 381/18.
(Sudhir Singh, J)
Pankaj/-
1 issue framed by the court
Whether the petitioner is entitled to bail in a case involving offences of dowry death and common intention.
3 provisions across 1 enactments
Satyendra Singh
State of Bihar
SUDHIR SINGH
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
