This bench granted bail to the petitioner, a sister-in-law accused of dowry-related murder and false Engineering certificate issuance, by furnishing bonds and undertaking cooperation in trial despite Prostese allegations.
Released on bail on furnishing bonds of Rs. 10,000 with two sureties of the like amount each.
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.36229 of 2022
Arising Out of PS. Case No.-125 Year-2022 Thana- SIWAN MUFFASIL District- Siwan
======================================================
BINDU SINGH @ BINDU DEVI Wife of Rajesh Singh @ Rajesh Kumar Singh @ Rajesh Kumar Resident of Village - Hakam, P.S. - Siwan (M) Mahadewa O.P., District - Siwan.
... ... Petitioner/s
Versus
THE STATE OF BIHAR Bihar
... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Anil Chandra For the Opposite Party/s : Mr.Ram Sevak Choudhary For the Informant : Mr.Indrajeet Bhushan ====================================================== CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY ORAL ORDER
2 18-10-2022
Let the defect(s), as pointed out by the office, be
removed within a period of four weeks from today.
Heard learned counsel for the petitioner and learned
A.P.P. for the State.
The petitioner seeks bail in connection with Siwan (M) Mahadewa (O.P.) P.S. Case No. 125/2022 registered for the offences punishable under Sections 304B, 201, 120(B), 34 of the Indian Penal Code.
As per prosecution case, allegation against the petitioner is that he alongwith others committed murder of the informant’s daughter due to non-fulfillment of demand of dowry.
Learned counsel for the petitioner submits that
Patna High Court CR. MISC. No.36229 of 2022(2) dt.18-10-2022 2/3
petitioner is innocent and has falsely been implicated in this case. The petitioner is languishing in custody since 03.03.2022 and bears no criminal antecedent. Allegation against the petitioner is general and omnibus in nature. He further submits that the petitioner is sister-in-law (Gotni) of the deceased and she is living separately in mess since her marriage, therefore, she has not been escaped from the house and arrested from the house.
The learned A.P.P. for the State vehemently opposes the prayer for bail of the petitioner.
Considering the facts and circumstances of the case, period of custody, she is living separately in mess, argument advanced on behalf of both sides and keeping in view clean antecedent of petitioner and also taking into consideration the material available on record, let the petitioner above named be released on bail on furnishing bail bonds of Rs. 10,000/(Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Siwan, District-Siwan in connection with Siwan Muffasil (Mahadewa O.P.) P.S. Case No. 125/2022, subject to following conditions:-
(i) One of the bailors shall be either father or mother
Patna High Court CR. MISC. No.36229 of 2022(2) dt.18-10-2022 3/3
or sister or brother or wife or the person who has sworn the affidavit in bail application.
(ii) Petitioner will co-operate in trial and will remain present on all dates and absence for two consecutive dates without appropriate permission, would be a ground for cancellation of bail by the learned Trial court itself.
(iii) If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.
(Alok Kumar Pandey, J)
amitkumar/-
U T
2 issues framed by the court
Whether the petitioner, accused in a dowry death case involving murder charges, is entitled to bail.
Whether the clean antecedents and living separately in a mess justify grant of bail.
1 provisions across 1 enactments
Bindu Singh @ Bindu Devi
The State of Bihar
Allok Kumar Pandey
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
