Anticipatory bail granted to petitioner parents facing dowry death charges. Bail conditional on verifying the husband's custody status before accepting bonds, with release to follow within six weeks of arrest or surrender.
Release on bail upon furnishing bonds subject to verification of husband's custody status by trial court.
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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.30574 of 2022
Arising Out of PS. Case No.-22 Year-2022 Thana- SAHPUR District- Patna
... ... Petitioner/S
Versus
The State Of Bihar
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr. Lakshmindra Kumar Yadav For the Opposite Party/s : Mr. Nagendra Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER
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)/ 34 of the Indian Penal Code.
The learned counsel for the petitioners submits that the petitioner no.1 has antecedent of three cases and petitioner no.2 is a person with clean antecedent and is a woman and the informant alleges that his sister was married to Vicky Kumar @ Sudhir Kumar in Year 2018 and out of the wedlock, one child was born. It is next alleged that after marriage, the accused persons including the petitioners started demanding money,
Patna High Court CR. MISC. No.30574 of 2022(2) dt.22-11-2022 2/3
vehicle and other things and for non-fulfilment of the same, she was tortured. It is next alleged that on 15.01.2022, the husband of the deceased informed him on mobile that his sister is ill. Accordingly, the informant reached the place of occurrence and saw his sister lying dead. It is further alleged that the nearby people informed him that his sister was killed by the named accused persons including the petitioners, who had fled.
The learned counsel for the petitioners submits that the petitioners have been falsely implicated in the present case being father in-law and mother in-law of the deceased. It is next submitted that the allegation of demand and torture is general and omnibus in nature. It is also submitted that it is the duty of the husband to ensure that the wife lives with dignity and honour. It is also submitted that the husband of the deceased is in custody.
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.30574 of 2022(2) dt.22-11-2022 3/3
amount each to the satisfaction of the learned Court below where the case is pending in connection with Shahpur P. S. Case No.22 of 2022, subject to the conditions laid down under Section 438(2) of the Cr.P.C.
The application stands allowed.
However, the learned trial Court before accepting the bail bonds of the petitioners shall verify whether the husband of the deceased is in custody or not and in the event, if it is found that he is not in custody, the present anticipatory bail order shall not be given effect.
(Satyavrat Verma, J)
vikash/-
U T
2 issues framed by the court
Whether anticipatory bail should be granted to the petitioners in the antecedent of charges under Sections 304(B) and 34 IPC.
What conditions and safeguards are necessary for the grant of anticipatory bail ensuring the custody status of the husband of the deceased.
2 provisions across 2 enactments
Ram Babu Rai
Savita Devi
The State Of Bihar
Satyavrata Verma
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
