Allowed bail to the petitioner, mother-in-law of a deceased, in a dowry death case where she was an accused, separating her from the husband who was in custody due to separate mess and property arrangements.
Petitioner released on bail upon furnishing a bond of Rs. 10,000 with two sureties of like amount.
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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.2816 of 2022
Arising Out of PS. Case No.-72 Year-2021 Thana- SAHARGHAT District- Madhubani
======================================================
Radha Devi W/o- Brahamdev Yadav Resident of Village- Pahipura, P.S.Sahargaht, District- Madhuabni.
... ... Petitioner/s
Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Sanjay Kumar For the Opposite Party/s : Mr.Manoj Kumar ======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER
2 25-03-2022
Heard learned counsel for the parties through video conferencing.
The petitioner, who is lady, seeks bail in a case registered for the offence under Section 304(B), 34 of the Indian Penal Code and Section 3 / 4 of Dowry Prohibition Act.
It is a case of dowry death and petitioner is mother-in-
law of the deceased.
It is submitted on behalf of petitioner that there is general and omnibus allegation against this petitioner. Petitioner is separate in mess and property and has no concern with the family affairs of the deceased and her husband. Husband of the deceased is already in custody and petitioner is in jail since 29.06.2021.
Learned A.P.P. for the State has opposed the bail
petition.
Patna High Court CR. MISC. No.2816 of 2022(2) dt.25-03-2022 2/2
Considering the aforesaid facts and circumstances, the bail petition of petitioner is allowed. Let the above named petitioner be released on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M. - II, Benipatti, Madhubani in connection with Saharghat P.S. Case No. 72 of 2021.
(Prabhat Kumar Singh, J)
anay/-
U T
2 issues framed by the court
Whether the petitioner should be granted bail in a case involving dowry death.
Whether the petitioner, being in separate possession and already in custody of the husband, requires release on bail.
3 provisions across 2 enactments
Radha Devi
The State of Bihar
Prabhat Kumar Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
