In a bail petition arising from a dowry death case under Section 304(B) IPC where the husband was already in custody, the High Court granted bail to the petitioner-in-laws and brother-in-law on furnishing bond with sureties.
Release on furnishing bail bond of Rs. 20,000/- each 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.8920 of 2022
Arising Out of PS. Case No.-394 Year-2020 Thana- MAKHDUMPUR District- Jehanabad
======================================================
... ... Petitioner/s
Versus
The State of Bihar.
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr. Paras Nath, Advocate For the Opposite Party/s : Mr. Arun Kumar Pandey, A.P.P. ======================================================
CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER
2 22-06-2022
Heard learned counsel for the petitioners and the
learned A.P.P. for the State.
Let the defect(s), if any, as pointed out by the office be removed within four weeks.
The petitioners seek bail in connection with Sessions Trial No. 95/021/28/021 arising out of Makhdumpur P.S. Case No. 394 of 2020 lodged under Sections 304(B), 201/34 of the Indian Penal Code.
Learned counsel for the petitioners submits that offence under Section 304(B) of I.P.C. is there in which husband is already in custody. He further submits that from the F.I.R. it
Patna High Court CR. MISC. No.8920 of 2022(2) dt.22-06-2022 2/3
transpires that general and omnibus allegation has been made against the petitioner no. 1 who is father-in-law and petitioner no. 3 is mother-in-law, they are aged about 65 and 60 years. Learned counsel further submits that from the F.I.R. the allegation upon petitioner no. 2 is alleged on the basis of hearsay evidence which is alleged to be Devar of the deceased. He further submits that charge-sheet has already been filed in this case and petitioner nos. 1 and 3 are in custody since 05.10.2020 and petitioner no. 2 is in custody since 07.10.2020. He also submits that the case is already committed before the court of Sessions and they are ready to support in trial.
Learned A.P.P. opposes the prayer for bail of the petitioners.
In the present facts and circumstances of the case that charge-sheet has already filed and petitioners are in custody since October, 2020 whereas husband is already in custody and petitioners are father-in-law, mother-in-law and Devar of the deceased. The allegations of the F.I.R. are also general and omnibus, let the petitioners, above named, is directed to be released on furnishing bail bond of Rs. 20,000/- (Twenty Thousand) each with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge 3rd , Jehanabad
Patna High Court CR. MISC. No.8920 of 2022(2) dt.22-06-2022 3/3
in connection with Sessions Trial No. 95/021/28/021 arising out of Makhdumpur P.S. Case No. 394 of 2020.
Petitioners shall appear before the learned trial court
on every date, in case of non appearance on two consecutive dates their bail bond may be cancelled by the learned trial court.
(Dr. Anshuman, J)
ved/-
U T
1 issue framed by the court
Whether the petitioners discharged under Section 304(B) IPC are entitled to release on bail.
1 provisions across 1 enactments
Md. Jamal, Md. Kallu, Sharifan Khatoon
The State of Bihar
Dr. Anshuman
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
