An oral order granting anticipatory bail to petitioners apprehending arrest in a Section 304(B)/34 IPC dowry death case, subject to bond conditions and verification of surrender by the husband.
Petitioners required to execute bail bonds of Rs. 25,000 each with two sureties and surrender within six weeks.
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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.5226 of 2023
Arising Out of PS. Case No.-395 Year-2022 Thana- TEKARI District- Gaya
======================================================
... ... Petitioner/s
Versus
The State Of Bihar
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr. Chandra Bhushan Prasad For the Opposite Party/s : Mr. Ajay Kumar No. 2 ======================================================
CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER
2 07-04-2023
APP for the State.
The petitioners are apprehending their arrest in a case registered for the offence punishable under Section 304(B)/34 of the Indian Penal Code pending in the learned court below.
As per the prosecution, all the accused persons have killed the daughter of the informant.
Learned counsel for the petitioners submits that the petitioners are innocent and have been falsely implicated in this case. He further submits that petitioners are in laws of the deceased. He submits that there is no specific overt act against the petitioners. He further submits that husband of the deceased
Patna High Court CR. MISC. No.5226 of 2023(2) dt.07-04-2023 2/2
has already surrendered before the learned Court below during pendency of this anticipatory bail application. He further submits that petitioners have got no criminal antecedent as stated in para-3 of the bail application.
Learned APP for the State opposes for prayer for bail. Considering the aforesaid facts and circumstances, let
the petitioners, named above, in the event of their arrest/surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail, on furnishing bail bonds of Rs.25,000/- (Rupees Twenty Five Thousand) each with two sureties of the like amount to the satisfaction of the learned Court below, where the case is pending/Successor court, in connection with Tekari P.S. Case No.395/2022, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.
Learned Court below shall confirm the bail bonds of the petitioners after verifying the fact that the husband of the deceased has already surrendered before the learned Court.
(Anjani Kumar Sharan, J)
ajay/-
U T
1 issue framed by the court
Whether anticipatory bail is maintainable where the petitioner is apprehending arrest in a dowry death case (Section 304(B) IPC).
1 provisions across 1 enactments
Basanti Devi and Ors.
The State of Bihar
Anjani Kumar Sharan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
