High Court granted anticipatory bail to petitioners charged in a dowry death case with allegations of torture and non-intimation of death. Release allowed on furnishing bonds subject to CrPC conditions.
Direction to release petitioners on bail within six weeks of arrest or surrender via sureties and bonds under Section 438(2) Cr.P.C.
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.24848 of 2022
Arising Out of PS. Case No.-321 Year-2021 Thana- DARIYAPUR District- Saran
======================================================
... ... Petitioner/S
Versus
The State Of Bihar
... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Udai Shankar Singh For the Opposite Party/s : Mr. Sanjay Kumar Sharma ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER
4 22-11-2022 Heard learned counsel for the petitioners and learned
APP for the State.
The petitioners seek bail in anticipation of their arrest in a case registered for the offences punishable under Sections 304(B), 201, 34 of the Indian Penal Code.
The learned counsel for the petitioners submits that the petitioners are persons with clean antecedent and the informant alleges that his daughter was married with Pawan Rai and out of the wedlock, two children were born. It is next alleged that after marriage, all the accused persons including the petitioners started demanding Rs.50,000/- and a motorcycle and on account of non-fulfilment of the demand, his daughter was
Patna High Court CR. MISC. No.24848 of 2022(4) dt.22-11-2022 2/3
tortured. It is next alleged that on 09.07.2021, the informant received an information that the accused persons have killed his daughter and have disappeared the body. Accordingly, he reached the place and occurrence and found that no one was present in the house.
The learned counsel for the petitioners submits that petitioners have been falsely implicated in the present case. It is next submitted that the allegation of torture and demand is general and omnibus in nature. It is also submitted that petitioners are separate in mess and property from the husband of the deceased. It is further submitted that it is the duty of the husband to ensure that the wife live with honour and dignity and the husband availing his remedies available in law by filing A.B.P. No.3855 of 2022 pending in the Court of learned District & Sessions Judge, Saran at Chapra.
Learned A.P.P. opposes the bail application.
Considering the submissions made by the learned counsel for the petitioners, the petitioners, above-named, in the event of their arrest or surrender before the learned 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
Patna High Court CR. MISC. No.24848 of 2022(4) dt.22-11-2022 3/3
amount each to the satisfaction of the learned Court below where the case is pending in connection with Dariyapur P. S. Case No.321 of 2021, subject to the conditions laid down under Section 438(2) of the Cr.P.C.
The application stands allowed.
(Satyavrat Verma, J)
vikash/-
U T
2 issues framed by the court
Whether to grant anticipatory bail to petitioners charged under Sections 304(B), 201, and 34 of IPC.
Whether to release petitioners on bail bonds within six weeks or upon arrest or surrender.
2 provisions across 2 enactments
Sheopujan Rai
Premshila Devi
The State Of Bihar
Satyavrat Verma
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
