The Patna High Court granted anticipatory bail to four in-laws apprehending arrest in a dowry death case under sections 304B/498A/34 IPC. Bail was allowed upon furnishing a bond of Rs.10,000 with sureties.
Enlargement on bail upon furnishing bond of Rs.10,000 with two sureties to CJM, Munger.
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.528 of 2023
Arising Out of PS. Case No.-18 Year-2021 Thana- HARINMAR District- Munger
======================================================
... ... Petitioners
Versus
The State Of Bihar
... ... Opposite Parties
====================================================== Appearance : For the Petitioner/s : Mr.Arun Kumar, Advocate For the Opposite Party/s : Mr.Dilip Kumar No. 1, Addl Public Prosecutor ======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER
2 24-03-2023 Heard learned counsel for the petitioners and the State.
Petitioners apprehend their arrest in a case registered for the offence punishable under sections 304B/498A/34 of the Indian Penal Code.
It is a case of dowry death.
Learned counsel for the petitioners submits that the petitioners are innocent and have falsely been implicated in this case. There is general and omnibus allegation against the petitioners and no specific overt act has been alleged against them. Petitioners happen to be in-laws of the deceased. They are separate in mess and business and have no concern with the affairs of the deceased and her husband. Thrust of allegation is
Patna High Court CR. MISC. No.528 of 2023(2) dt.24-03-2023 2/2
against husband of the deceased, who has already been acquitted in trial vide judgment dated 16.6.2022, passed in Sessions Trial No. 38 of 2022 (Annexure 2).
Considering the aforesaid facts and circumstances of the case, in the event of arrest or surrender within six weeks from today, let the petitioners, as named above, be enlarged on bail on furnishing bail bond of Rs.10,000/-(ten thousand) each with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Munger in Harinmar Police Station Case No. 18 of 2021, subject to the conditions laid down under section 438(2) of the Code of Criminal Procedure.
(Prabhat Kumar Singh, J)
shashi/-
U T
3 issues framed by the court
Whether to grant anticipatory bail to accused apprehending arrest in chargesheet under sections 304B/498A/34 IPC.
Whether the specific allegations against petitioners justify bail conditions and sureties.
Whether the prior acquittal of the husband impacts the bail grant.
2 provisions across 2 enactments
RAJESH SINGH
SHANTI SINGH
BACHU SINGH
JITANI DEVI
STATE OF BIHAR
PRABHAT KUMAR SINGH
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
