The Patna High Court granted bail to a petitioner accused of dowry death under sections 304B, 120B and 201 IPC, citing lack of material to believe he would tamper with evidence after serving time.
Petitioner released on bail by furnishing bond of Rs. 20000 with two sureties of like 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.17687 of 2021
Arising Out of PS. Case No.-354 Year-2019 Thana- BARH District- Patna
======================================================
AJAY PRASAD Son of Ramjatan Mahto Resident of Village- Dhanama, P.S.Barh, District- Patna.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
====================================================== Appearance :
For the Petitioner/s : Mr.Vijay Kumar, Advocate. For the Opposite Party/s : Mr. Sunil Kumar Pandey, APP.
======================================================
CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER
3 07-10-2021 Heard the parties.
The petitioner is languishing in custody for the offence punishable under Sections 304B, 120B and 201 of the Indian Penal Code.
Petitioner is husband of the victim of dowry death. Though information was given to the informant that the victim is in the hospital, however when the informant reached, no one was there nor there was any record regarding her treatment in the hospital. The dead body was disposed of without any information to the police.
Allegation is that the deceased was poisoned to death for non-fulfillment of dowry demand. Petitioner is in custody since 06.09.2019.
Considering the period already undergone by the
Patna High Court CR. MISC. No.17687 of 2021(3) dt.07-10-2021 2/2
petitioner and no material to substantiate that the petitioner is going to tamper with the evidence, let the petitioner, above named, be released on bail on furnishing bail bond of Rs.20000/- (Twenty thousand) with two sureties of the like amount each to the satisfaction of the learned Court-below where the case is pending in connection with Barh P.S. Case No. 354 of 2019, with following conditions:
(a) Both the bailors shall be the resident of territorial jurisdiction of the learned Court-below.
(b) 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.
(c) The petitioner shall not leave the country without permission of the trial Court.
(Birendra Kumar, J)
mantreshwar/-
U T
1 issue framed by the court
Whether the petitioner ought to be released on bail despite being in custody for a dowry death charge.
1 provisions across 1 enactments
Ajay Prasad
The State of Bihar
Birendra Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
