Single Judge, Patna High Court granted regular bail to the petitioner, who was a neighbour implicated in a dowry-related murder case (Sections 302/304B/201 IPC), by order dated 29-11-2022.
Petitioner enlarged on bail by furnishing a bond of Rs. 10,000 with two sureties of the like amount.
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.43965 of 2022
Arising Out of PS. Case No.-118 Year-2021 Thana- BELA District- Sitamarhi
======================================================
Rambabu Ray Son of Late Ram Ashish Ray Resident of Village - Bishnupur, Parihar, P.s.- Bela, Distt.- Sitamarhi.
... ... Petitioner/s
Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Ayush Kumar, Adv. For the Opposite Party/s : Mr. Harendra Prasad, APP. ======================================================
... ... Opposite Party/s
CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER
3 29-11-2022
The learned counsel for the petitioner is directed to remove all the defects pointed out by the Stamp Reporter within
one month.
Heard learned counsel for the petitioner and the learned APP for the State.
Petitioner seeks regular bail in connection with Bela P.S. Case No. 118 of 2021 registered for the offences punishable under Sections 304(B) and 201/34 of the Indian Penal Code.
As per the prosecution, the informant's daughter was murdered by this petitioner along with other co-accused persons on the alleged date and time for a dowry demand made by the deceased's husband and his family members.
The main submissions advanced by learned counsel Mr. Ayush Kumar appearing for the petitioner are that the petitioner is a neighbour of the husband of the deceased, he and his brother have been implicated in this case on account of
Patna High Court CR. MISC. No.43965 of 2022(3) dt.29-11-2022 2/2
having good relation with the husband of the deceased and the petitioner has been languishing in jail since 22.12.2021. Further submission is that the petitioner and his brother and entire male members of his family have been made accused in this case and the petitioner has fair and clean antecedent.
Learned APP Mr. Harendra Prasad appearing for the
State has opposed the bail prayer.
Heard both the sides and perused the FIR. The petitioner is not stated to be a relative of the husband of the deceased and allegation made in the FIR is general and omnibus against him and seven named and ten to fifteen unknown persons were alleged to have helped the main accused in disappearing the dead body of the deceased but the said allegation is not specific to any of them including the petitioner. Considering these facts as well as petitioner's custody period and above submissions and the stage of his case, in the opinion of this Court the petitioner deserves to a lenient approach of this Court. Accordingly, let the petitioner be enlarged on bail on furnishing bail bond of Rs.10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of the Court concerned in connection with Bela P.S. Case No. 118 of 2021.
(Shailendra Singh, J)
annu/- U T
1 issue framed by the court
Whether the petitioner deserves regular bail in a case involving dowry-related offence of murder.
1 provisions across 1 enactments
Rambabu Ray
The State of Bihar
Shaileendra Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
