Allowed

Abhishek Kumar @ Santi v. the State of Bihar

Patna HC23 Sept 2024CR. MISC./56442/2024

Case brief

AI extract

What is this about?

Anticipatory bail granted in a dowry death case (Sections 304B, 201, 34 IPC) where allegations against the petitioner were general and omnibus, the informant was not an eyewitness, and investigation suggested the deceased may have consumed poison herself. Bail subject to furnishing bonds of Rs. 10,000 with two sureties under Section 438(2) Cr.P.C., conditional on verification of clean criminal antecedents.

What did the court decide?

Anticipatory bail on furnishing bail bonds of Rs. 10,000 with two sureties, conditioned on no adverse antecedents found by trial court.

Abhishek Kumar @ Santi Vs the State of Bihar — Dowry and Cruelty | Patna HC (2024)

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.56442 of 2024

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Arising Out of PS. Case No.-269 Year-2023 Thana- KISHANPUR District- Supaul

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

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Abhishek Kumar @ Santi Son Of Amrendra Yadav Resident Of Village - Barhatha, Ward No. 17, P.S. - Kishanpur, District - Supaul

... ... Petitioner/s

Versus

The State Of Bihar

... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Pramod Mishra For the Opposite Party/s : Mr. Anish Chandra ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER

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2 23-09-2024

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Heard learned counsel for the petitioner and learned APP for the State.

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The petitioner seeks bail in anticipation of his arrest in a case registered for the offences punishable under Sections 304B, 201 and 34 of the Indian Penal Code.

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The learned counsel for the petitioner submits that the petitioner is a person with clean antecedent and the informant alleges that his daughter was married to Abhimanyu on 07.07.2021, after marriage, the accused persons including the petitioner were pressurising his daughter to get additional dowry of Rs. 5 lacs, further on account of non-fulfilment of the demand, the accused persons used to confine her in a room and even assaulted and tortured her, further on 15.12.2023, the accused persons assaulted her and forcefully administered

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Patna High Court CR. MISC. No.56442 of 2024(2) dt.23-09-2024 2/4

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poison and locked her in a room, the informant came to know about the occurrence on 16.12.2023, accordingly, he reached the place of occurrence, where he was informed that his daughter has been taken to a doctor for treatment, but the name of the doctor was not disclosed, further on 17.12.2023, he along with other reached Mahila Hospital, Supaul where his daughter was found dead and her in laws fled and the hospital informed that her in laws had brought her to the hospital on 16.12.2023 and they fled on pretext of getting money.

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The learned counsel for the petitioner submits that the petitioner has been falsely implicated in the instant case by the informant being brother-in-law of the deceased. It is next submitted that even the allegation allege that the petitioner is general and omnibus in nature and the informant is not an eyewitness to the occurrence. It is next submitted that during the course of investigation, it transpired that her husband used to talk to some other girl on account of which, his daughter consumed poison. It is next submitted that in the post-mortem report also, no external injury was found but then viscera has been sent to FSL, as has been recorded in the order impugned. It is next submitted that whenever any occurrence of the nature as allege takes place, the entire family members are implicated in a

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Patna High Court CR. MISC. No.56442 of 2024(2) dt.23-09-2024 3/4

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mechanical manner with general omnibus and ornamental allegations.

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It is next submitted that the petitioner will not abscond rather will cooperate in the investigation to prove his innocence.

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The learned APP for the State opposes the anticipatory bail application.

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Considering the submissions made by the learned counsel for the petitioner, the petitioner above-named, in the event of his arrest or surrender before the learned Court below within a period of six weeks, is directed to be released on bail on his furnishing bail-bonds in the sum of Rs. 10,000 /- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate in connection with Kishanpur P.S. Case No. 269 of 2023, subject to the conditions laid down under Section 438(2) of the Cr.P.C.

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It is made clear that the learned trial court before accepting the bail bonds of the petitioner shall verify the criminal antecedent of the petitioner and in the event, if it is found that petitioner has antecedent of even one case, in that event, the present anticipatory bail order shall not be given effect.

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Patna High Court CR. MISC. No.56442 of 2024(2) dt.23-09-2024 4/4

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The application stands allowed.

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(Satyavrat Verma, J)

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Sudhanshu/-

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U T

Abhishek Kumar @ Santi v. the State of Bihar

Case brief

What is this about?

What did the court decide?

Abhishek Kumar @ Santi v. the State of Bihar

Case brief

What is this about?

What did the court decide?

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