A single judge of the Patna High Court dismissed the State's objection to the petitioners' bail prayer in a dowry death case. The court noted the petitioners are in-laws of the deceased with no specific allegations of cruelty against them and ordered release on bail.
Released on bail on furnishing a bond of Rs. 10,000 with two sureties.
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.43956 of 2022
Arising Out of PS. Case No.-161 Year-2019 Thana- BELA District- Sitamarhi
======================================================
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr. Pushpendra Kumar Singh, Advocate Smt. Divya Bharti, Advocate For the Opposite Party/s : Mr. Umesh Lal Verma, APP ======================================================
CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER
2 28-11-2022
The learned counsel for the petitioners is directed to
remove all the defects pointed out by the Stamp Reporter within one month.
Heard learned counsel for the petitioners and the learned APP for the State.
Petitioners seek regular bail in connection with Bela P.S. Case No. 161 of 2019 registered for the offence punishable under Sections 304B and 34 of the Indian Penal Code.
Allegedly, both the petitioners who happens to be mother-in-law and father-in-law of the deceased always tortured the deceased for the demand of money and in that cruelty the husband of the deceased was also involved and finally the
Patna High Court CR. MISC. No.43956 of 2022(2) dt.28-11-2022 2/3
petitioners, husband of the deceased and in-laws strangulated the informant’s daughter to death.
The main submissions advanced by the learned counsel Mr. Pushpendra Kumar Singh appearing for the petitioners are that the husband of the deceased is in jail and both the petitioners are in-laws of the deceased, they have been languishing in jail since 19.05.2022 and in fact the deceased committed suicide as she was not happy with her marital life with her husband and both the petitioners were separate from the family affairs of the husband of the deceased and at the time of alleged occurrence they had no concern with the deceased and her husband.
Learned APP Mr. Umesh Lal Verma appearing for the State has opposed the bail prayer.
Having regard to the facts and circumstances of this case and considering the above submissions and also taking into account the facts that both the petitioners are in-laws of the deceased and in the FIR there is no specific allegation of cruelty against them and they have been languishing in jail since 19.05.2022, in the opinion of this Court a lenient approach can be taken in respect of the petitioners’ prayer, let the petitioners be released on bail on furnishing bail bond of Rs.10,000/-(Ten
Patna High Court CR. MISC. No.43956 of 2022(2) dt.28-11-2022 3/3
Thousand) with two sureties of the like amount each to the satisfaction of the concerned Court in connection with Bela P.S. Case No. 161 of 2019.
(Shailendra Singh, J.)
sangam/-
U T
2 issues framed by the court
Whether the petitioners should be released on bail in a case involving offences punishable under Sections 304B and 34 of the Indian Penal Code.
Whether the lack of specific allegations of cruelty against the petitioners in the FIR warrants a lenient approach to the bail prayer.
1 provisions across 1 enactments
Meena Devi
Jay Narayan Paswan
The State of Bihar
Shaileendra Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
