High Court granted anticipatory bail to the petitioner in a dowry death case under sections 304(B), 201, and 34 IPC, conditional on surrender within twelve weeks.
Petitioner released on anticipatory bail within twelve weeks by furnishing bonds of Rs. 10,000 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.13428 of 2020
Arising Out of PS. Case No.-495 Year-2018 Thana- BIDUPUR District- Vaishali
======================================================
BAUALAL PASWAN @ BABULAL KUMAR Son of Kant Lal Paswan Resident of Village - Rajasan, P.S.- Bidupur, Dist.- Vaishali. at Hajipur.
... ... Petitioner
| THE STATE OF BIHAR ==================== |
Versus ... ... Opposite Party ================================== |
|---|---|
| Appearance : For the Petitioner/s : |
Dr. Om Prakash Om |
| For the Opposite Party/s : ==================== |
Mr.Shantanu Kumar ================================== |
CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER
The matter has been listed under the heading ‘For
Orders’ under the orders of Hon’ble the Chief Justice.
Heard learned counsel for the petitioner and learned APP for the State.
The petitioner is apprehending his arrest in a case registered under Section 304(B), 201 and 34 of the Indian Penal Code.
Allegation against the accused persons is of committing torture and assault and thereafter caused death of the victim due to non-fulfilment of demand of dowry.
It has been submitted on behalf of the petitioner that
the petitioner has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the
Patna High Court CR. MISC. No.13428 of 2020(4) dt.05-11-2020 2/2
petitioner. The petitioner has falsely been implicated in the present case. The informant has filed a petition in the Court below stating that the deceased died due to excessive bleeding during her pregnancy. The informant has retracted from his earlier statement made in the F.I.R. The said petition filed by the informant in the Court below is Annexure-3 to the present application. The doctor’s certificate of the deceased is Annexure-2 to the present application.
On behalf of the State, it is submitted that the petitioner is named in the Complaint Case/F.I.R.
Considering the aforesaid facts and circumstances, let the petitioner, above named, in the event of arrest/surrender before the learned court below within a period of twelve weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Vaishali at Hajipur in connection with Bidupur P.S. Case No. 495 of 2018, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.
(Sudhir Singh, J)
Pankaj/-
U T
2 issues framed by the court
Whether the petitioner is eligible for anticipatory bail in a case of dowry death under sections 304(B), 201, and 34 IPC?
Whether the petitioner, having no criminal antecedents, must be arrested or released on bail pending trial?
2 provisions across 2 enactments
Baualal Paswan @ Babulal Kumar
The State of Bihar
Sudhir Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
