The Patna High Court granted bail to the petitioner accused of dowry death (IPC 304-B) after he had been in custody since September 2022, directing him to furnish bonds with sureties.
Released on bail by furnishing bonds of Rs. 10,000 with two sureties of the like amount to the Additional Chief Judicial Magistrate, Benipatti.
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.20441 of 2023
Arising Out of PS. Case No.-234 Year-2022 Thana- BENIPATTI District- Madhubani
======================================================
Bishundev Paswan Son Of Bauyelal Paswan Village- Kesuli Ps- Benipatti Dist- Madhubani
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr.Ravi Prakash For the Opposite Party/s : Mr.Uday Chand Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER
2 23-05-2023
Heard learned counsel for the petitioner and
learned A.P.P appearing on behalf of the State.
The petitioner is languishing in custody in a
case registered for the offences punishable under
Sections 304(B), 120(B) of the Indian Penal Code.
The accusation is of killing the daughter of the
informant for non-fulfillment of dowry demand.
It is submitted by learned counsel for the petitioner that petitioner is innocent and he has falsely
been implicated in this case. The petitioner is father-in-
law of the deceased and he had no concern with the day-do-day affairs of the deceased and her husband. The
Patna High Court CR. MISC. No.20441 of 2023(2) dt.23-05-2023 2/2
petitioner lives separately from the husband of the deceased. The petitioner is languishing in custody since
04.09.2022.
Considering the facts aforesaid and the period under custody, let the petitioner, above named, be released on bail on furnishing bail bonds of Rs. 10,000/(Ten Thousands) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate, Benipatti, Madhubani in connection with Benipatti P.S. Case No. 234 of 2021.
(Sunil Kumar Panwar, J)
Shageer/-
U T
1 issue framed by the court
Whether the petitioner charged with dowry death under IPC 304(B) should be released on bail after a specific period in custody.
Bishundev Paswan
The State of Bihar
Sunil Kumar Panwar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
