The High Court at Patna rejected the petitioners' application for anticipatory bail in a dowry death case, directing them to surrender and seek regular bail before the trial court after a previous rejection.
Application for anticipatory bail rejected; petitioners directed to surrender and seek regular bail from the trial court.
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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.4298 of 2020
Arising Out of PS. Case No.-139 Year-2018 Thana- BANIAPUR District- Saran
======================================================
... ... Petitioner/s
Versus
THE STATE OF BIHAR
... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Apurva Kumar For the Opposite Party/s : Mr. Mukeshwar Dayal ======================================================
CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER
2 07-03-2022
Heard learned counsel for the petitioners and learned
APP for the State.
The instant application for anticipatory bail has been filed by the petitioners apprehending their arrest in connection with Banipur P.S. Case no. 139 of 2018 instituted for the offence punishable under Section 304B/34 of the Indian Penal Code.
As per allegation in the FIR, petitioners have killed the daughter of the informant for non-fulfillment of dowry demand. After receiving information about death of her daughter, she along with her co-villagers rushed towards her matrimonial home and found that the house was locked from outside. Locals informed them that petitioners have burnt the
Patna High Court CR. MISC. No.4298 of 2020(2) dt.07-03-2022 2/2
dead body of her daughter to wipe off the evidence.
It appears that vide order dated 15.2.2019 passed in Cr. Misc. No. 65049 of 2018, anticipatory bail application of the petitioner was rejected with an observation that “If the petitioners surrender and seek regular bail before the learned trial Court, the same shall be considered on its own merit in accordance with law expeditiously and without being prejudiced by any observation in the present order.”
In stead of complying with the said order, the petitioner has again moved before this Court for grant of anticipatory bail.
In that view of the matter, I am not inclined to grant bail to the petitioners and, as such, their application for bail is rejected with a direction to the petitioners to surrender before the court below and pray for regular bail.
(Sunil Kumar Panwar, J)
sushma/-
U
1 issue framed by the court
Whether anticipatory bail should be granted to the petitioners apprehending arrest in a dowry death case.
1 provisions across 1 enactments
Punam Devi W/o Nitesh Rai
Jilebi Devi W/o Late Lalan Rai
The State of Bihar
Sunil Kumar Panwar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
