Single judge ordered release on bail of petitioner accused under dowry death charges. Court directed removal of record defects within four weeks and granted bail subject to conditions.
Released on bail of Rs. 20,000 with two sureties each of like amount under CrPC Sec 437(3) subject to specified attendance conditions.
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.43854 of 2022
Arising Out of PS. Case No.-236 Year-2018 Thana- MUSAHARI District- Muzaffarpur
======================================================
Sanjiv Kumar @ Sanjeev Thakur, Son of Kapileshwar Thakur, Resident of Manika Harikesh, P.S. - Mushahari, District - Muzaffarpur.
... ... Petitioner/s
Versus
The State Of Bihar
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mrs. Bela Singh, Advocate For the Opposite Party/s : Mrs. Madhuri Lata, APP ======================================================
CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER
4 01-02-2023
Heard learned counsel for the petitioner and learned
APP for the State.
Let the defect (s), as pointed out by the office, be removed within a period of four weeks.
In the present case, the petitioner seeks bail in connection with Mushahari P.S. Case No. 236 of 2018 registered for the alleged offences under Sections 304B/34 of the Indian Penal Code.
As per prosecution case, the daughter of the informant was married with the petitioner and allegation against him is that he has been demanding Rs. 1,00,000/- in dowry and on non-fulfillment of this demand strangulated the daughter of the informant.
The learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this
Patna High Court CR. MISC. No.43854 of 2022(4) dt.01-02-2023 2/3
case. He has not committed any offence. No occurrence as alleged has ever taken place. The petitioner never demanded any dowry and even no gifts were exchanged at the time of marriage. The informant falsely implicated all the family members of the petitioner. The allegations are mostly general and omnibus and no specific allegation has been made against the petitioner. The allegation of strangulation is falsified by the post-mortem report which shows the deceased died due to asphyxia as a result of ante-mortem hanging. The daughter of the informant committed suicide as she was not happy with her marriage with the petitioner which was against her wishes. The petitioner is in custody since 11.05.2022 and the charge-sheet has been submitted in this case. The petitioner is having clean antecedent.
Learned APP opposes the prayer for bail submitting that the death has been caused within seven years of marriage in the house of the petitioner. The daughter of the informant died due to ante-mortem hanging. All the witnesses have supported the prosecution case against the petitioner.
Perused the records.
Having regard to the facts and circumstances and submissions made on behalf of the parties and considering the
Patna High Court CR. MISC. No.43854 of 2022(4) dt.01-02-2023 3/3
fact that the post-mortem report does not show any strangulation as alleged in the FIR and further considering the clean antecedent of the petitioner along with submission of chargesheet against him, the petitioner above named is directed to be released on bail on furnishing bail bond of Rs. 20,000/- (twenty thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-Xth, East, Muzaffarpur in connection with Mushahari P.S. Case No. 236 of 2018, subject to the conditions mentioned in Section 437(3) of the Code of Criminal Procedure and also the following conditions :
(i) One of the bailors will be a close relative of the petitioner.
(ii) The petitioner will remain present on each and every date fixed by the court below.
(iii) In case of absence on three consecutive dates or in violation of the terms of the bail, the bail bond of the petitioner will be liable to be cancelled by the court concerned.
(Arun Kumar Jha, J)
balmukund/-
U T
2 issues framed by the court
Whether petitioner should be released on bail considering discrepancies in post-mortem report regarding mode of death and clean antecedents.
Whether the petitioner can furnish a bail bond with sureties as a condition for release.
Sanjiv Kumar @ Sanjeev Thakur
The State Of Bihar
Arun Kumar Jha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
