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2023 Supreme(Online)(Pat) 3238
PATNA HIGH COURT
Mr. Justice Sunil Kumar Panwar
RUDAL SINGH – Appellant
Versus
THE STATE OF BIHAR – Respondent
CR. MISC./46818/2022
In a case of dowry death, bail may be granted to the accused if there is no concern with the mess and business of the deceased and similarly situated co-accused has been granted anticipatory bail.
Headnote:
BAIL - DOWRY DEATH - SECTION 498A, 304B, 201/34 IPC - BAIL GRANTED TO CO-ACCUSED - NO CONCERN WITH MESS AND BUSINESS OF DECEASED - IN CUSTODY SINCE 28.05.2022
Fact of the Case:
Petitioner is in custody in a case registered for the offence punishable under Sections 498A, 304B and 201/34 of the Indian Penal Code. Allegedly, it is a case of dowry death due to non-fulfilment of dowry demand.
Finding of the Court:
Considering the facts and circumstances of the case, this Court is inclined to enlarge the petitioner on bail.
Issues: Whether the petitioner should be granted bail in a case of dowry death?
Ratio Decidendi: The petitioner is Dewar of the deceased and has no concern with the mess and business of the deceased. Similarly situated co-accused has been granted anticipatory bail by a Co-ordinate Bench of this Court.
Final Decision: The petitioner is directed to 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 CJM, Khagaria in connection with Mansi P.S. Case No. 182 of 2019.
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.46818 of 2022
Arising Out of PS. Case No.-182 Year-2019 Thana- MANSI District- Khagaria
======================================================
Rudal Singh Son Of Late Uttam Lal Singh R/O Village- Amni, P.S.- Mansi,
Dist.- Khagaria
... ... Petitioner/S
Versus
The State Of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s
:
Mr. Viveka Nandsingh, Advocate
For the Opposite Party/s :
Mr. Yogendra Kumar Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR
ORAL ORDER
3
11-01-2023
Heard learned counsel for the petitioner, learned APP
for the State and perused the case diary.
The petitioner is in custody in a case registered for the
offence punishable under Sections 498A, 304B and 201/34 of
the Indian Penal Code.
Allegedly, it is a case of dowry death due to non-
fulfilment of dowry demand.
Learned counsel for the petitioner submits that
petitioner has falsely been implicated in this case. He further
submits that the petitioner is Dewar of the deceased and he has
no concern with the mess and business of the deceased.
Similarly situated co-accused has been granted anticipatory bail
by a Co-ordinate Bench of this Court passed in Cr. Misc. No.
76818 of 2019. Petitioner is in custody since 28.05.2022.
Patna High Court CR. MISC. No.46818 of 2022(3) dt.11-01-2023
2/2
Learned APP appearing for the State has opposed the
prayer for regular bail.
Having heard learned counsel for the parties and
considering the facts and circumstances of the case, this Court is
inclined to enlarge the petitioner on bail. The above named
petitioner is directed to 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 CJM, Khagaria in
connection with Mansi P.S. Case No. 182 of 2019.
Brajesh Kumar/-
(Sunil Kumar Panwar, J)
U
T
