The Patna High Court granted bail to the applicant accused of dowry death under Section 304 read with Section 34 IPC, directing execution of a bond and adherence to specific conditions preventing witness tampering and future offences.
Release on bail upon executing a sûreté bond of Rs.10,000 with two sureties and complying with specific conditions.
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.29009 of 2021
Arising Out of PS. Case No.-143 Year-2020 Thana- MALSALAMI District- Patna
======================================================
Krishana Kumar Son Of Shiv Nandan Mahto Resident at Mohalla- Bari Nagla (Patna City), P.S.- Malsalami, Distt.- Patna (Bihar).
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr.Subodh Kumar For the Opposite Party/s : Mr. APP ======================================================
CORAM: HONOURABLE MR. JUSTICE A. M. BADAR
ORAL ORDER
4 06-07-2022
The applicant is accused in Crime No. 143 of 2020
registered with Malsalami Police Station for the offence punishable under Section 304B read with Section 34 of the Indian Penal Code. By this application he is seeking his release on bail during pendency of the trial.
Heard the learned counsel appearing for the applicant/accused as well as learned Additional Public Prosecutor appearing for the State.
According to the prosecution case, the applicant married Rina Devi, who happens to be the daughter of the first informant Jitendra Mahto, on 08.05.2014. She died unnatural death in the house of the applicant on 26.05.2020. The death was by hanging. It is case of the prosecution that after marriage, the applicant as well as his father used to subject
Patna High Court CR. MISC. No.29009 of 2021(4) dt.06-07-2022 2/3
Rina Devi to cruelty for and on account of demand of dowry. The applicant was demanding motorcycle from Rina Devi and he was provided with that motorcycle by her parents. However, still Rina Devi was subjected to harassment by the applicant as well as the co-accused.
The investigation of the subject crime is over. The charge sheet has already been filed. The applicant is undergoing pretrial detention from 28.05.2020. In this view of the matter, I see no reason to refuse bail to the applicant and, therefore, the order :-
i. The application is allowed.
ii. The applicant/accused in Crime No. 143 of
2020 registered with Malsalami Police Station be released on bail on executing P.R. bond of Rs.10,000/- (Rupees Ten Thousand) on furnishing two sureties of the like amount each to the satisfaction of the trial court with the following conditions: -
(I) The applicant/accused should not extend any threat, promise of inducement to the persons acquainted with the facts of the accusation against him so as to dissuade him from disclosing such facts to the Court or to any police officer.
(II) The applicant/accused should cooperate the trial court in expeditious disposal of the trial against him.
Patna High Court CR. MISC. No.29009 of 2021(4) dt.06-07-2022 3/3
(III) The applicant/accused should not contact the members of the prosecuting party as well as witnesses in this case in any manner till conclusion of the trial.
(IV) The applicant should not repeat commission of similar offence in future and if he is found to be involved in commission of similar offence, the State is at liberty to apply for cancellation of bail granted to the applicant in the instant case.
The applicant to remove all office objections forthwith and the Registry to issue the certified copy of this order only after removal of office objections by the applicant/accused.
(A. M. Badar, J)
Mkr./-
U T
1 issue framed by the court
Whether bail should be granted to the accused alleged to have caused dowry death under Section 304 IPC.
Krishana Kumar Son Of Shiv Nandan Mahto
A. M. Badar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
