The Patna High Court granted anticipatory bail to two petitioners in a dowry death case. The bail was conditional upon the petitioners surrendering and furnishing specific bonds once the COVID-19 third wave subsides and jail conditions improve.
Anticipatory bail granted conditionally to surrender and furnish personal bond within twelve weeks.
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.2182 of 2022
Arising Out of PS. Case No.-148 Year-2020 Thana- MANIGACHI District- Darbhanga
======================================================
... ... Petitioner/s
Versus
THE STATE OF BIHAR
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr.Baidya Nath Prasad, Advocate For the Opposite Party/s : Mr.Rajendra Prasad Nat, APP ======================================================
CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER
2 17-02-2022
The matter has been listed under the heading ‘For
Orders’ under the orders of Hon’ble the Chief Justice.
Heard learned counsel for the petitioners and learned APP for the State through virtual mode.
Learned Counsel for the petitioners is directed to remove the defect(s), as pointed out by the office, within a period of four weeks after restoration of normalcy.
The petitioners are apprehending their arrest in connection with Manigachhi P.S. case No.148/2020 registered under Sections 304(B)/34 of the Indian Penal Code.
Patna High Court CR. MISC. No.2182 of 2022(2) dt.17-02-2022 2/3
Allegation is that the accused persons including the petitioners caused death of the maternal niece of the informant due to non-fulfilment of demand of dowry.
It has been submitted on behalf of the petitioners that the petitioners have got no criminal antecedent and there is no allegation of tampering of witnesses alleged against the petitioners. The petitioners have falsely been implicated in this case. The petitioner No.1 is mother-in-law and petitioner No.2 is sister-in-law of the deceased. They are separate in mess and property from the husband of the deceased. They have got no concern with the alleged occurrence. The husband of the deceased is in custody.
On behalf of the State, it is submitted that the petitioners are named in the complaint case/F.I.R.
It is necessary to indicate here that this Court while considering the prayer made in the present anticipatory bail application has taken note of the exponential rise in number of covid cases due to outbreak of third wave of Covid-19 pandemic. Further this Court can also not lose sight of the fact that the condition of jails is not conducive and suitable to the present situation which has arisen due to the sudden rise in covid cases.
Patna High Court CR. MISC. No.2182 of 2022(2) dt.17-02-2022 3/3
Considering the facts and circumstances, the petitioners, above named, in the event of arrest or surrender before the learned court below within a period of twelve weeks from today, be released on anticipatory bail on their personal bond to the satisfaction of learned A.C.J.M. 5th , Darbhanga in connection with Manigachhi P.S. case No.148 of 2020, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.
Once the normalcy is restored, the petitioners shall furnish bail bonds of Rs.10,000/- (Rupees ten thousand) with two sureties of the like amount each within a period of eight weeks to the satisfaction of the Court concerned in connection with the aforesaid case.
(Sudhir Singh, J)
Narendra/-
U T
2 issues framed by the court
Whether the petitioners should be granted anticipatory bail in connection with a case under Section 304(B) of the Indian Penal Code.
What conditions the High Court should impose for the grant of anticipatory bail.
1 provisions across 1 enactments
Lalia Khatoon
Ashma Khatoon
The State of Bihar
Sudhir Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
