Single-judge order granting bail to a petitioner accused in a dowry-related suicide case. The court considered testimony claiming suicide to grant bail with bonds.
Petitioner released on bail with bonds of Rs. 10,000 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.9178 of 2019
Arising Out of PS. Case No.-261 Year-2018 Thana- SIWAN MUFFASIL District- Siwan
======================================================
Dharmendra Sah, Son of Ram Das Sah, R/o village- Bhatwalia , P.S- Siwan ( Mufasil), District-Siwan.
... ... Petitioner
Versus
The State of Bihar
... ... Opposite Party ====================================================== Appearance : For the Petitioner : Mr.Shambhu Prasad Yadav, Advocate. For the State : Mr.Nityanand Tiwary(App41) For the Informant : M/S. Javed Aslam and Devika Rani, Advocates. ======================================================
CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH
ORAL ORDER
5 18-06-2019
Heard learned counsel for the petitioner, learned
A.P.P. for the State and learned counsel for the informant.
The petitioner is languishing in custody since 07.08.2018
in a case for the offence registered under Sections 304(B), 498(A)/34 of the IPC and ¾ of the D. P. Act.
The prosecution story, in brief, is that the accused persons including the petitioner killed the victim due to nonfulfilment of demand of dowry.
It has been submitted by learned counsel for the petitioner that the petitioner has got no criminal antecedent. Charge sheet has been submitted in the present case. There is no allegation of tampering with the witnesses alleged against the petitioner. The petitioner has falsely been implicated in the
Patna High Court CR. MISC. No.9178 of 2019(5) dt.18-06-2019 2/2
present case. The petitioner is the husband of the deceased. From perusal of paragraph nos. 11, 12 and 13 of the case diary, it is evident that the deceased is said to have committed suicide. Hence, no offence under Section 304(B) of the IPC is made out.
On behalf of the learned counsels for the State and the informant, it has been submitted that the petitioner is named in the 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 the learned C.J.M. Siwan, in connection with Siwan (Mufasil) P.S. Case No. 261/2018.
(Sudhir Singh, J)
U.K./-
U T
1 issue framed by the court
Whether the petitioner should be released on bail in a case concerning dowry death and cruelty.
2 provisions across 2 enactments
Dharmendra Sah
The State of Bihar
Sudhir Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
