The High Court at Patna granted regular bail to the petitioner, the mother-in-law of a deceased, in a dowry death case involving Sections 304B, 201 and 34 IPC. The petitioner was to execute a bond with two sureties.
Petitioner to be enlarged on bail on furnishing a bond of Rs. 10,000 with two sureties to the ADJ at Chapra.
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. 18219 of 2023
Arising Out of PS. Case No.-395 Year-2020 Thana- CHAPRA MUFFASIL District- Saran
======================================================
RAJ KUMARI DEVI Wife of Yogendra Ray Resident of VillageMakhdumganj, P.S.- Chapra Muffasil, District- Saran at Chapra
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr.Vijay Kumar For the Opposite Party/s : Mr.Chandra Bhushan Prasad ======================================================
CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER
2 12-05-2023
Heard learned counsel for the petitioner and learned
APP for the State.
The petitioner has prayed for regular bail in a case instituted for the offence under Sections 304B, 201 and 34 of the Indian Penal Code.
The allegation against the petitioner along with others is of killing the daughter of the informant due to non-fulfillment of dowry demand.
It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case due to dirty village politics. She has committed no offence. He submitted that the petitioner is the mother-in-law of the deceased. He submitted that the petitioner has no concern with mess and business of the deceased as well as her husband and
Patna High Court CR. MISC. No. 18219 of 2023(2) dt.12-05-2023 2/2
also she lives separately from them. He submitted that the husband of the deceased namely, co-accused Jitendra Ray, who is in judicial custody. He further submitted that the other coaccused has already been granted bail by a Co-ordinate Bench vide order dated 05.09.2022 passed in Cr. Misc No. 66089 of 2021. She is languishing in judicial custody since 22.02.2022.
The application for bail is opposed by learned APP for
the State.
Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned A.D.J.8th, Saran at Chapra in connection with Chapra Muffasil P.S. Case No. 395 of 2020.
(Sunil Kumar Panwar, J)
arish/-
U T
3 issues framed by the court
Whether the petitioner imposed in a dowry death case should be granted regular bail.
The conditions required for granting bail to the petitioner.
Whether the petitioner has a nexus with the crime or is falsely implicated.
1 provisions across 1 enactments
Raj Kumari Devi
The State of Bihar
Sunil Kumar Panwar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
