This order grants anticipatory bail to the petitioner in a case involving Sections 304(B) and 34 IPC. The High Court ordered release upon arrest or surrender within six weeks, subject to bail bonds and trial court conditions.
Petitioner released on anticipatory bail subject to surrender/arrest within six weeks and furnishing bail bonds with two sureties.
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.16861 of 2022
Arising Out of PS. Case No.-157 Year-2021 Thana- KUTUMBA District- Aurangabad
======================================================
ANKUSH KUMAR S/O SURESH MEHTA R/o village- Dadhpa Bigha, P.S.Kutumba, District- Aurangabad
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Nilesh Kumar, Advocate For the Opposite Party/s : Mr. Md. Aslam Ansari, APP ======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER
2 23-09-2022
Heard learned counsel for the petitioner and learned
A.P.P. for the State through virtual court proceedings.
The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 304(B) and 34 of the Indian Penal Code.
Learned counsel for the petitioner submits that the petitioner is a person with clean antecedent and the informant alleges that he had solemnized his daughter’s marriage to Lav Kumar Mehta on 14.05.2021 and had given gifts as per ability but after few days of marriage the accused persons, including the petitioner, started demanding Rs. 5 lakh by way of dowry, it is next alleged that thereafter the in-laws of his daughter stopped talking to her and stopped giving her food and further tortured and further on 22.09.2021 informant came to know that his
Patna High Court CR. MISC. No.16861 of 2022(2) dt.23-09-2022 2/3
daughter had been murdered by the accused persons, including the petitioner, accordingly he reached the place of occurrence and on seeing the informant the accused persons started fleeing and he saw the dead body of his daughter lying in a sack and she was strangulated by a rope.
Learned counsel for the petitioner submits that petitioner has been falsely implicated in the present case, it is next stated that informant is not an eye-witness to the occurrence, it is also submitted that the allegation of demand of dowry, as far as the petitioner is concerned, is general and omnibus in nature. It is also submitted that the husband of the deceased is in custody and the petitioner is the brother-in-law of the deceased.
Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner.
Considering the submissions made by the learned counsel for the petitioner, the petitioner above-named, in the event of his arrest or surrender before the learned trial court within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/(Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned trial court where the case
Patna High Court CR. MISC. No.16861 of 2022(2) dt.23-09-2022 3/3
is pending/successor court in connection with Kutumba P.S. Case No. 157 of 2021 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.
(Satyavrat Verma, J)
Shivam/-
U T
3 issues framed by the court
Whether the petitioner is entitled to anticipatory bail in a case involving dowry-related offences and murder.
Whether conditions should be imposed on the grant of anticipatory bail.
How to interpret the scope of protection under Section 438 Cr.P.C. in this case.
1 provisions across 1 enactments
Ankush Kumar
The State of Bihar
Satyavrat Verma
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
