This is a bail application filed by the mother-in-law of a deceased woman in a dowry death case under Section 304(B) IPC. The High Court granted bail, noting that allegations were general and no specific overt act was alleged against the petitioner.
Petitioner released on bail on furnishing 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.10471 of 2020
Arising Out of PS. Case No.-318 Year-2019 Thana- BISFI District- Madhubani
======================================================
SHILA DEVI W/o Chhedi Resident of Singhiya Got, P.S- Bisfi, DisttMadhubani.
... ... Petitioner/s
Versus
THE STATE OF BIHAR Bihar
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr. Raj Kumar, Advocate Mr. Ratnakar Jha, Advocate For the informant : Mr. Dinesh Jha, Advocate For the Opposite Party/s : Mr.Shailendra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH
ORAL ORDER
3 02-03-2020
Heard learned counsel for the petitioner and learned counsel representing the Informant. Learned Additional Public Prosecutor for the State of Bihar is also present.
This application for regular bail arises out of Bisfi P.S. Case No. 318 of 2019, disclosing the offence under Sections 304(B)/34 of the Indian Penal Code.
The petitioner is the mother-in-law of the deceased. It has been argued that there is general and omnibus allegation of demand of dowry against all members of the family of the husband of the deceased. The marriage was solemnized on 17.04.2019 and she died on
Patna High Court CR. MISC. No.10471 of 2020(3) dt.02-03-2020 2/3
19.10.2019.
Learned counsel for the informant has vehemently opposed the prayer for regular bail and has submitted that there being presumption of guilt of commission of an offence punishable under Section 304B of the Indian Penal Code, the petitioner should not be given the privilege of regular bail, considering the seriousness of the allegation.
Be that as it may, I find substance in submission made on behalf of the petitioner that the allegations of demand of dowry against family members of the husband of the deceased are general in nature. There is no specific allegation of any overt act against this petitioner who is in custody since 20.10.2019.
Considering the above, this application is allowed. 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
learned Additional Chief Judicial Magistrate-I, Benipatti, Madhubani, in connection with Bisfi P.S. Case No. 318 of 2019, subject to the condition that the petitioner shall present himself before the Police/Court, as the case
Patna High Court CR. MISC. No.10471 of 2020(3) dt.02-03-2020 3/3
may be, as and when required and in the event of failure on his part to appear before the court on two consecutive occasions, his bail Bonds shall be liable to be cancelled.
(Chakradhari Sharan Singh, J)
S.Ali/-
U T
3 issues framed by the court
Whether the petitioner in custody is entitled to regular bail given general allegations of dowry demand against family members but no specific charge against her.
Whether the presumption of guilt under Section 304(B) IPC precludes bail for the mother-in-law of the deceased.
Whether the petition for bail should be allowed when the petitioner is in custody since the commencement of the case.
2 provisions across 1 enactments
Shila Devi
The State of Bihar
Chakradhari Sharan Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
