In a bail petition under Sections 304(B), 341, 323, 324, and 420/201 IPC arising from dowry-related torture and death, the Single Judge upheld release on regular bail after considering antecedents and co-accused bail orders.
Directed release on bail on submission of Rs. 10,000 bond with two sureties subject to standard conduct 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.24591 of 2021
Arising Out of PS. Case No.-36 Year-2020 Thana- NAYAGAON District- Saran
======================================================
RAJDEO PANDIT Son of Late Kundal Pandit Resident of Village - Rasulpur, Police Station - Nayagaon, District - Saran.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Krishna Kumar Singh, Advocate For the Opposite Party/s : Mr. Ramchandra Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER
2 17-11-2021
Let the defect(s), as pointed out by the Office, be
removed within four weeks of start of normal functioning of the physical Court.
Heard learned counsel for the petitioner and learned APP for the State.
The petitioner seeks regular bail in connection with Nayagaon P.S.Case No.36 of 2020 registered for the offence under Sections 341, 323, 324, 304(B) and 201/34 of the IPC.
As per prosecution case, there is allegation against the accused persons of dowry demand and due to non-fulfilment of the same, the victim was tortured and ultimately she died.
Learned counsel for the petitioner submits that the petitioner has committed no offence and he has falsely been implicated in this case due to dirty village politics. He further submits that the petitioner is separate from the mess and business. Petitioner has got clean antecedent and he is in custody since 01.10.2020 and petitioner is the father-in-law of the deceased aged about 70 years. He further submits that
Patna High Court CR. MISC. No.24591 of 2021(2) dt.17-11-2021 2/2
similarly situated co-accused persons have been granted anticipatory bail by a Co-ordinate Bench of this Court passed in Cr.Misc.No.38390 of 2020 dated 08.07.2021.
However, learned APP for the State vehementally opposed the prayer for regular bail.
In the facts and circumstances of the case, the above named petitioner is directed to be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned ACJM-VI, Chapra in connection with Nayagaon P.S.Case no. 36 of 2020 with following conditions:-
(i) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court and shall remain physically present as directed by the Court and on his/her absence on two consecutive dates without sufficient reason, his/her bail bond shall be cancelled by the Court below.
(ii) If the petitioner tampers with the evidence or the witnesses, in that case the prosecution will be at liberty to move for cancellation of bail.
(Rajesh Kumar Verma, J)
brajesh kumar/- U T
1 issue framed by the court
Whether grant of bail is appropriate in a case involving dowry demand, torture and death of a 70-year-old woman.
Rajdeo Pandit
The State of Bihar
Rajesh Kumar Verma
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
