Allowed¶20

Dipal Mahto v. the State of Bihar

Bail – Dowry death – Sections 304(B)/34 IPC

Patna HC21 Jun 2024CR. MISC./4857/2024

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Case brief

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What is this about?

Patna High Court bail order dated 21-06-2024 in CR. MISC. No. 4857 of 2024 (Prabhat Kumar Singh, J.). Keywords: bail; dowry death; Section 304-B IPC; Section 34 IPC; father-in-law accused; general and omnibus allegations; informant not eye-witness; thrust of accusation against husband; custody since 19.03.2023; chargesheet filed; Krishna Nagar/Ramkrishnanagar P.S. Case No. 177 of 2023; Sessions Trial No. 788 of 2023; A.D.J.-XIV Patna; bail bond Rs. 10,000/- with two sureties; Dipal Mahto v. State of Bihar.

What did the court decide?

Bail granted to the petitioner on furnishing bail-bond of Rs. 10,000/- with two sureties of the like amount each, to the satisfaction of learned A.D.J.-XIV, Patna / concerned court, in connection with Sessions Trial No. 788 of 2023. ¶20

Dipal Mahto Vs the State of Bihar — Murder and Culpable Homicide | Patna HC (2024)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the petitioner, arraigned under Sections 304(B)/34 IPC in a dowry death case, ought to be released on bail.

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Court's answer

The petitioner, father-in-law of the deceased, was roped in with a general and omnibus allegation; the informant was not an eye-witness and the thrust of the accusation was against the husband of the deceased.

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Ratio / Principle

The petitioner had been in custody since 19.03.2023 and the chargesheet had been submitted; the Court granted bail considering the facts, circumstances and period of custody, notwithstanding opposition by the A.P.P. and counsel for the informant.

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Key takeaways

The petitioner was directed to be released on bail on furnishing a bail-bond of Rs. 10,000/- with two sureties of the like amount each, to the satisfaction of learned A.D.J.-XIV, Patna / concerned court, in connection with Sessions Trial No. 788 of 2023.ratio¶20

Detailed headnote1 paragraphs

Bail — Dowry death — Sections 304(B)/34 IPC — Patna High Court (Prabhat Kumar Singh, J.) allowed Criminal Miscellaneous No. 4857 of 2024 by order dated 21-06-2024. Petitioner, father-in-law of the deceased, was in custody since 19.03.2023 with chargesheet submitted in Krishna Nagar P.S. Case No. 177 of 2023 (Sessions Trial No. 788 of 2023). Court noted the allegation against him was general and omnibus, the informant was not an eye-witness, and the thrust of the accusation lay against the husband of the deceased. Despite opposition by the A.P.P. and counsel for the informant, the petitioner was ordered released on bail on furnishing a bail-bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of learned A.D.J.-XIV, Patna / concerned court.

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.4857 of 2024

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Arising Out of PS. Case No.-177 Year-2023 Thana- RAMKRISHNANAGAR District- Patna

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======================================================

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DIPAL MAHTO SON OF LATE SUKHDEO MAHTO RESIDENT OF VILLAGE - ATNAMA, P.S. - BARH, DISTRICT - PATNA

... ... Petitioner/s

Versus

THE STATE OF BIHAR

... ... Opposite Party/s

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====================================================== Appearance : For the Petitioner/s : Mr.Ashok Kumar Kashyap For the Opposite Party/s : Mr.Anil Kumar Singh No. 1 ======================================================

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CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER

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6 21-06-2024

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Heard learned counsel for the petitioner, learned

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A.P.P. for the State and learned counsel for the informant.

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The petitioner seeks bail in a case registered for the offence punishable under Sections 304(B) / 34 of the Indian Penal Code.

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It is a case of ‘Dowry Death’.

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Petitioner is father-in-law of the deceased and has been roped in this case with general and omnibus allegation. Informant is not eye-witness to the occurrence. Thrust of the accusation is against husband of the deceased. Petitioner is in custody since 19.03.2023. Chargesheet has been submitted.

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Learned A.P.P. for the State and learned counsel for the informant vehemently opposes the prayer for bail.

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However, considering the aforesaid facts and

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Patna High Court CR. MISC. No.4857 of 2024(6) dt.21-06-2024 2/2

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circumstances as well as period of custody, let the above named petitioner be released on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned A.D.J. - XIV, Patna / concerned court in connection with Sessions Trial No. 788 of 2023, arising out of Krishna Nagar P.S. Case No. 177 of 2023.

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(Prabhat Kumar Singh, J)

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anay

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U T

Dipal Mahto v. the State of Bihar

Case brief

What is this about?

What did the court decide?

Dipal Mahto v. the State of Bihar

Case brief

What is this about?

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