The Patna High Court granted anticipatory bail to petitioners accused of dowry harassment and dowry-induced suicide under sections 498A and 304B IPC, considering they lived separately.
Release on bail on furnishing a bond of Rs.10,000/- each with two sureties subject to section 438(2) CrPC conditions.
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. 11623 of 2020
Arising Out of PS. Case No.-282 Year-2019 Thana- JHAJHA District- Jamui
Versus
The State of Bihar ... Opposite Party ====================================================== Appearance : For the Petitioners : Mr.Pankaj Kumar Sinha, Advocate For the Opposite Party : Meena Singh, Addl Public Prosecutor
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER
4 18-09-2020
Heard learned counsel for the petitioners as well as learned counsel for the State through video conferencing.
Petitioners apprehend arrest in a case registered for the offences punishable under sections 498A/304B and other allied sections of the Indian Penal Code.
Prosecution’s case, in brief, is that the petitioners and their family members subjected the informant’s daughter to harassment and cruelty for fulfilment of dowry and finally they killed her by feeding poison when she failed to satisfy them.
Learned counsel appearing for the petitioners submits that the petitioners are innocent and have falsely been implicated in this case. Petitioners are elder brother-in-laws and sister-in-law of the deceased. It is further submitted that the allegation against the petitioners are general and omnibus. Pointing to the contents of the FIR, learned counsel submits that the informant has himself stated that because of some differences with the family, his daughter and her husband were
Patna High Court CR. MISC. No. 11623 of 2020(4) dt.18-09-2020 2/2
living in a separate rental house somewhere in the town. And as such it is submitted that their was no occasion for these petitioners who are living separately to demand for dowry or cause any harm to the deceased.
Considering the facts of the case, let all the petitioners, above named, in the event of their surrender, be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the Sub Divisional Judicial Magistrate, Jamui in Jhaha Police Station Case No. 282 of 2019/GR No. 2726 of 2019, subject to the conditions laid down under section 438(2) of the Code of Criminal Procedure.
(Prabhat Kumar Singh, J)
Shashi
U T
1 issue framed by the court
Whether petitioners accused under sections 498A and 304B IPC are eligible for anticipatory bail.
1 provisions across 1 enactments
Pankaj Yadav and Others
The State of Bihar
Prabhaturu Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
