A single judge order granting anticipatory bail to the mother-in-law and married sister of the deceased in a Section 304B/34 IPC case alleging dowry torture and burning, subject to bonds and conditions under Section 438(2) CrPC.
Petitioners released on bail upon surrender/arrest by furnishing bonds of Rs. 10,000 each 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.27987 of 2020
Arising Out of PS. Case No.-262 Year-2019 Thana- DEEPNAGAR District- Nalanda
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Versus
The State of Bihar ... Opposite Party
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Appearance : For the Petitioners : Mr. Ashok Kumar, Adv. For the Opposite Party : Mrs. Dr. Indiwr Kumari, APP
====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA
ORAL ORDER
2 08-02-2021 As prayed for, let the learned counsel for the petitioners remove the defect(s), as point out by the office vide it’s note, dated 18.10.2020, within four weeks of starting of the Court in physical mode.
Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the state.
The petitioners seek pre-arrest bail in connection with Deepnagar P.S. Case No. 262 of 2019, registered under Section 304B/34 of the Indian Penal Code.
The accusation is that marriage of Laxminiya Kumari, daughter of the informant, was performed before 2½ years with Pintu Ravidas, thereafter, she went at her sasural, but, she was being tortured for demand of cash of rupees one lakh and due to non-fulfillment of demand her daughter was put on fire in which she sustained burn injury. Information was given to the
Patna High Court CR. MISC. No.27987 of 2020(2) dt.08-02-2021 2/3
informant to the effect that his daughter is under treatment at the clinic of Dr. Ranjan at Biharsharif where the informant was informed that his daughter has sustained burn injury and was referred to Patna Medical College and Hospital, where she died on 14.08.2019.
Submission is that both the petitioners are mother-inlaw and married nanad of the deceased. In fact, daughter of the informant, Laxminiya Kumari sustained burn injury in course of preparing the meal and, thereafter, she was rushed for treatment at Biharsharif and from Biharsharif she was referred to Patna Medical College and Hospital where she died in course of treatment, but, with ulterior motive informant has lodged the present case. Further, submission is that Pintu Ravidas, husband of the deceased, Laxminiya Kumari, the daughter of the informant, is in custody.
Having regard to the facts and circumstances of the case, let the petitioners, above named, in the event of surrender/arrest, within a period of four weeks from today, in connection with Deepnagar P.S. Case No. 262 of 2019 shall be released on bail on furnishing bail bonds of Rs.10,000/- (rupees ten thousand) each with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Nalanda at
Patna High Court CR. MISC. No.27987 of 2020(2) dt.08-02-2021 3/3
Biharsharif, or the successor Court subject to the conditions as laid down under Section 438(2) Criminal Procedure Code.
(Rajendra Kumar Mishra, J)
Shamshad/-
U T
1 issue framed by the court
Whether anticipatory bail should be granted to the petitioners in a case involving alleged dowry-related death by burning.
1 provisions across 1 enactments
Shushila Devi
Nibha Devi
The State of Bihar
Rajendra Kumar Mishra
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
