High Court of Patna granted anticipatory bail to the parents of a deceased woman in a case involving Sections 304(B) and 34 IPC, considering their age and the accidental nature of the death.
Petitioners released on bail bonds of Rs. 10,000 each with two sureties within six weeks.
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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.17592 of 2021
Arising Out of PS. Case No.-337 Year-2020 Thana- BAJPATTI District- Sitamarhi
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr.Madhubala Verma For the Opposite Party/s : Mr. Shailendra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER
2 11-01-2022 Heard Ms. Madhubala Verma, learned Advocate
for the petitioners and Mr. Shailendra Kumar Singh,
learned APP for the State.
The petitioners seek bail in anticipation of their
arrest in connection with Bajpatti P. S. Case No. 337 of
2020, instituted for the offences under Sections 304(B) and 34 of the Indian Penal Code.
They are the parents of the deceased.
Though there is an accusation in the FIR of
subjecting the deceased to cruelty and torture for nonfulfillment of additional demand of dowry and a
Patna High Court CR. MISC. No.17592 of 2021(2) dt.11-01-2022 2/3
motorcycle but the learned counsel for the petitioners has submitted that the accusation is absolutely general and omnibus in nature and false in the first instance.
The deceased had been suffering from diarrhoea for which she was treated in a local hospital at Sitamarhi, from where she was referred to SKMCH, Muzaffarpur. On way, she died.
The prescription dated 21st of August 2021 has
been brought on record in support of aforesaid contention.
The parents of the deceased were informed about this mishap but for reasons which are not known to the petitioners, the present case has been lodged even though the parents of the deceased had participated in the cremation and were aware of everything.
The husband of the deceased has been arrested today only.
Considering the afore-stated facts and taking
Patna High Court CR. MISC. No.17592 of 2021(2) dt.11-01-2022 3/3
into account their age, they, in the event of their arrest or surrender before the court below within a period of six weeks, are directed to be released on bail on their furnishing bail bonds in the sum of Rs. 10,000/(Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned S.D.J.M., Pupri, District – Sitamarhi , in connection with Bajpatti P. S. Case No. 337 of 2020, subject to the conditions laid
down under Section 438(2) of the Cr.P.C.
This petition stands allowed.
(Ashutosh Kumar, J)
skm/-
U T
1 issue framed by the court
Whether anticipatory bail should be granted to the parents of the deceased in a dowry death case.
1 provisions across 1 enactments
GAGANDEO YADAV
Reena Devi
The State of Bihar
ASHUTOSH KUMAR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
