This anticipatory bail order grants release to the petitioners in a dowry death case upon furnishing a bond of Rs. 10,000 and two sureties, subject to satisfaction of the trial court within four weeks.
Relief granted by releasing petitioners on bail pending surrender/apprehension, subject to bond and surety 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.28013 of 2020
Arising Out of PS. Case No.-329 Year-2019 Thana- PIPRAKOTHI District- East Champaran
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... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
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Appearance :
For the Petitioner/s : Mr. Madhurendra Kumar, Advocate For the Opposite Party/s : Mr. A.M.P. Mehta, APP
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CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA
ORAL ORDER
2 12-02-2021
As prayed for, let the learned counsel appearing for the petitioners remove the defect(s), as pointed out by the office vide its notes dated 19.10.2020, within four weeks of starting of Court proceeding in physical mode.
Heard learned counsel for the petitioners and the learned A.P.P. for the State.
The petitioners apprehend their arrest in connection with Pipra Kothi P.S. Case no. 329 of 2019, registered under Sections 304(B) and 201/34 of the Indian Penal Code.
The accusation is that the marriage of daughter of
Patna High Court CR. MISC. No.28013 of 2020(2) dt.12-02-2021 2/3
informant was performed on 09.05.2017 with Upendra Kumar and, thereafter, she went to her matrimonial house, where she was being tortured for demand of motorcycle, in dowry, while the informant had already given cash of Rs. Two lakh and one Splendor motorcycle. On 06.10.2019, the informant received mobile phone call of his daughter, who was weeping saying that she would be killed. Thereafter, informant went to the matrimonial house of his daughter, but he was not allowed to meet his daughter and, later on, after two days, his daughter was killed by pressing neck and her dead body was also disposed of.
Learned counsel for the petitioners submits that petitioners are mother-in-law, sister-in-law and brother-in-law, respectively, of the deceased, daughter of informant. Further submission is that, in fact, deceased died due to coronary ailments and on giving information to the informant, the dead body was cremated, but, with ulterior motive, the informant lodged the present case mere on suspicion, but, on realizing the real fact, the informant filed compromise petition in the Court of 7th Addl. Sessions Judge, Motihari at time time of disposal of A.B.P. No. 554 of 2020 on 06.03.2020.
Having regard to the facts and circumstances of the
Patna High Court CR. MISC. No.28013 of 2020(2) dt.12-02-2021 3/3
case, let the above named petitioners, be released on bail, in the event of their arrest or surrender before the learned Court below within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate-1st Class, East Champaran, Motihari in connection with Pipra Kothi P.S. Case No. 329 of 2019, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.
(Rajendra Kumar Mishra, J)
manish/-
U T
2 issues framed by the court
Whether the petitioners, apprehending arrest in a dowry death case, should be granted anticipatory bail.
Whether conditions for bail bond and sureties should be fixed for the petitioners.
1 provisions across 1 enactments
Shanti Devi
Usha Devi
Ajay Das
State of Bihar
Rajendra Kumar Mishra
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
