Patna High Court granted bail to the petitioner in a case concerning dowry-related death, instructing initial personal bond with a condition to post a monetary bond upon restoration of normalcy.
Petitioner released on personal bond with direction to post Rs. 10,000 bail bond within four weeks after normalcy is restored.
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.83313 of 2019
Arising Out of PS. Case No.-160 Year-2018 Thana- KARAKAT District- Rohtas
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VIKASH KUMAR @ VIKESH KUMAR Son of Gurucharan Singh Resident of Village- Khirodih, P.S.- Karakat, District- Rohtas.
... ... Petitioner/s
Versus
THE STATE OF BIHAR
... ... Opposite Party/s
====================================================== Appearance :
For the Petitioner/s : Mr.Vikram Deo Singh, Mr. Sada Nand Roy For the Opposite Party/s : Mr.Anil Kumar Singh No. 1
======================================================
CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER
4 04-06-2020
Due to COVID-19 Pandemic, the matter is being taken up by way of Virtual Court proceeding.
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 seeks bail in a case instituted for the offences under Sections 304B, 201 and 34 of the Indian Penal Code.
Allegation against the accused persons is of committing torture and thereafter caused death of the victim due to nonfulfilment of demand of dowry.
It has been submitted on behalf of the petitioner that the petitioner is in custody since 24.11.2018 and has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. Charge-sheet has been submitted in the present
Patna High Court CR. MISC. No.83313 of 2019(4) dt.04-06-2020 2/2
case. The petitioner has been made accused due to mistake of fact. On the alleged date of occurrence, he was not present at the place of occurrence. Witnesses in paragraphs 57 and 58 of the Case Diary have stated that in the night of the date of occurrence, the deceased has developed pain in her stomach and subsequently she was taken to hospital where she died.
On behalf of the State, it is submitted that the petitioner is named in the F.I.R/complaint case.
Considering the facts and circumstances of the case and also the lockdown, the petitioner above named, is directed to be released on bail on his personal bond to the satisfaction of learned 13th Additional Sessions Judge, Rohtas at Sasaram in connection with S. Tr. No. 78/2019 arising out of Karakat P.S. Case No. 160/2018.
Once the normalcy is restored, the petitioner shall furnish bail bonds of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each within a period of four weeks to the satisfaction of the Court concerned in connection with the aforesaid case.
(Sudhir Singh, J)
Pankaj/-
U T
1 issue framed by the court
Whether the petitioner is eligible for bail in a case involving offences under Sections 304B, 201 and 34 of the Indian Penal Code?
Vikash Kumar @ Vikesh Kumar
The State of Bihar
Sudhir Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
