The Patna High Court confirmed provisional bail granted to the petitioners, who are parents-in-law of the deceased, retaining the same bail bonds. The court noted the husband has surrendered and the Judicial Officer who granted it is suspended.
Provisional bail granted on 04.01.2022 is confirmed; petitioners to remain on same bail bonds.
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.15347 of 2021
Arising Out of PS. Case No.-517 Year-2020 Thana- AGAMKUAN District- Patna
======================================================
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr.Binit Kumar, Adv. For the Opposite Party/s : Mr. Ram Priya Sharan Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER
the petitioners and Mr. Ram Priya Sharan Singh, learned APP for the State.
The petitioners are parents-in-law of the deceased, who seek bail in anticipation of their arrest in connection with Agamkuan P.S. Case No. 517/2020 instituted for the offence under Sections 302, 201 and 34 of the Indian Penal Code and Section 3 /4 of the Dowry Prohibition Act.
Patna High Court CR. MISC. No.15347 of 2021(4) dt.23-03-2022 2/3
The learned counsel for the petitioners has
submitted that the deceased died after a long married life and after giving birth to four children.
The petitioners have been residing separately from their son whose wife has died for which the present case has been lodged.
While hearing this bail application, the court was surprised to know that the husband of the deceased had been granted bail by the court below. This court had, therefore, called for the case diary and had also asked for an explanation from the court below as to under what circumstances, the husband of the deceased was granted bail.
It appears from the record that the Judicial Officer who had granted bail to the husband of the deceased is under suspension.
Be that as it may, considering the fact that the petitioners are the parents-in-law of the deceased and the husband of the deceased has surrendered to the process of law and has been granted bail, the provisional bail granted to
Patna High Court CR. MISC. No.15347 of 2021(4) dt.23-03-2022 3/3
the petitioners vide order dated 04.01.2022, is hereby
confirmed. They shall remain on the same bail bonds.
The application stands allowed.
(Ashutosh Kumar, J)
sunilkumar/-
U T
1 issue framed by the court
Whether bail granted to parents-in-law of the deceased, holding the same bonds as provisional bail, should be confirmed considering the husband has surrendered.
2 provisions across 2 enactments
Arjun Chauhan
Fulkumari Devi
The State of Bihar
Ashutosh Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
