This order grants regular bail to two petitioners in an FIR involving sections 498-A, 406, and 304-B IPC. The High Court allowed the bail petition without expressing an opinion on merits, noting the challan was presented only under sections 498-A and 406.
Petitioners admitted to bail subject to satisfaction of the Trial Court.
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.
HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
S.B. Criminal Miscellaneous Bail No. 6643 / 2017
----Petitioners
Versus
State of Rajasthan Through P.P.
----Respondent
For Petitioner(s) : Mr. Rajesh Goswami
For Respondent(s) : Mr. Aladeen Khan-P.P.
For Complainant : Mr. Prashant Sharma
HON'BLE MRS. JUSTICE SABINA
Order
18/05/2017
Petitioners have filed this petition under Section 439 Code of Criminal Procedure, 1973 seeking regular bail in F.I.R. No. 06/2017 registered at Police Station Harmada, Distt. Jaipur (West), for offences under Sections 498-A, 406, 304-B of Indian Penal Code, 1860.
Learned counsel for the petitioners has submitted that although, FIR in the present case was registered under Section 498-A, 406, 304-B Indian Penal Code, 1860, but after thorough investigation of the case, challan has been presented against the petitioners under Section 498-A, 406 Indian Penal Code, 1860 . As per the case of complainant himself, deceased had come to her
(2 of 2)
[CRLMB-6643/2017]
parental house on 5.05.2016. As per the FIR, daughter of the complainant had suddenly fallen on 07.11.2016 and was moved to the hospital for treatment. There was no post-mortem examination of the dead body. As per the opinion of Medical Board, after going through the treatment record of the deceased, the cause of death was Coma brought about as a result of antemortem intracranial haemorrhage.
Learned State Counsel, who is assisted by the counsel for the complainant has opposed the petition and has submitted that the deceased was being harassed on account of demand of dowry.
Keeping in view the fact that in the present case, challan has been presented against the petitioners under Section 498-A, 406 Indian Penal Code, 1860 and without expressing any opinion on merits of the case, this petition is allowed. Petitioners be admitted to bail subject to satisfaction of the Trial Court.
Sudha/81
1 issue framed by the court
Whether regular bail should be granted in an FIR registered under Sections 498-A, 406, and 304-B IPC after challan was presented only under Sections 498-A and 406.
1 provisions across 1 enactments
Sujeet Singh
Kishan Singh
State of Rajasthan
Sabina
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
