The Patna High Court granted bail to the petitioner in a custody case involving alleged dowry death of his second wife. The court ordered release on a bail bond of Rs. 20,000 with two sureties.
Bail granted on furnishing a bail bond of Rs. 20,000 with two sureties of like amount; provisional release allowed during lockdown.
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.10459 of 2020
Arising Out of PS. Case No.-309 Year-2019 Thana- BIRAUL District- Darbhanga
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ABUL HAYAT Son of Late Wasil Resident of Village - Balha, P.S.- Biraul, Distt – Darbhanga. ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Surendra Kishore Thakur, Adv For the Opposite Party/s : Mrs.Rita Verma, APP ======================================================
CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER
3 01-06-2020
The matter has been taken up through video
conferencing.
Heard the parties.
Petitioner seeks bail in a case registered for the offences punishable under Sections 304(B)/34 of the Indian Penal Code and 3/4 of Dowry Prohibition Act.
Allegation against the petitioner is of commission of dowry death of his wife.
Learned counsel for the petitioner submits that in fact the deceased was second wife of the petitioner and came in the life of petitioner during lifetime of the first wife and due to quarrel in the family, she committed suicide. The Doctor has found a case of strangulation. Thereafter, entire allegation has been levelled just to pressurize the petitioner and his family members. Investigation of the case is already complete.
Learned counsel for the State opposed the prayer for
Patna High Court CR. MISC. No.10459 of 2020(3) dt.01-06-2020 2/2
bail.
There is no plausible justification that dowry was demanded from the second wife whereas there was no allegation from the first wife of any such demand by the petitioner.
Hence, let the petitioner, above named, be released on bail on furnishing bail bond of Rs.20,000/- (Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court below where the case is pending in connection with Biraul Police Station Case No.309 of 2019, subject to the condition that both bailors shall be resident of territorial jurisdiction of the learned court below and further the petitioner shall fully cooperate with the trial of the case, failing which the court below shall be at liberty to cancel the bail bond of the petitioner.
If the petitioner would not be able in furnishing sureties due to lock-down, he shall be provisionally released on his personal bond and the provisional bail shall be confirmed only after production of the bailors within fifteen days of restoration of normal function of the Court.
(Birendra Kumar, J)
Nitesh/- U T
1 issue framed by the court
Whether the petitioner is eligible for bail in a case alleging commission of dowry death of his second wife.
2 provisions across 2 enactments
ABUL HAYAT
The State of Bihar
BIRENDRA KUMAR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
