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2023 Supreme(Online)(Pat) 8357
PATNA HIGH COURT
Mr. Justice Sunil Kumar Panwar
BUDHAN RAM @ DUDHAN RAM @ HARI CHANDRA RAM – Appellant
Versus
The State – Respondent
CR. MISC./46529/2022
In cases of dowry death, bail may be granted if the allegations are general and omnibus, and there are no specific allegations against the accused.
Headnote:
BAIL - DOWRY DEATH - SECTION 302/201/34 IPC - BAIL GRANTED
Fact of the Case:
The petitioner was arrested for allegedly subjecting his wife to torture and abuse due to non-fulfillment of dowry demands, leading to her death. The petitioner claimed that the allegations were false and that his wife had died due to abdominal pain.
Finding of the Court:
The court found that the FIR contained general and omnibus allegations of murder against all the accused, without any specific allegations against the petitioner. The court also noted that the petitioner had been in judicial custody for over 10 months.
Issues: Whether the petitioner was entitled to bail in a case of dowry death.
Ratio Decidendi: The court held that the petitioner was entitled to bail considering the facts and circumstances of the case, including the lack of specific allegations against him and the length of time he had spent in custody.
Final Decision: The court granted bail to the petitioner on furnishing bail bond of Rs. 10,000/- with two sureties of the like amount.
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No. 46529 of 2022
Arising Out of PS. Case No.-15 Year-2021 Thana- SURYAPURA District- Rohtas
======================================================
BUDHAN RAM @ DUDHAN RAM @ HARI CHANDRA RAM Son of
Ramnath Ram @ Ramnath Kahar Resident of Village - Milki (Suara), Police
Station- Suryapura, District - Rohtas.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s
:
Mr. Rajani Kant Singh, Advocate
For the Opposite Party/s :
Mr. Raj Ballabh 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 302 and 201/34 of the Indian
Penal Code.
Allegation against the petitioner is of subjecting torture to
the deceased and abused 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
earlier the deceased had no complaint of harass and torture rather she
was suffering from abdominal pain and on 22.01.2021 she was
referred to higher centre for proper medical treatment but in the way
she died accordingly the information was given to the informant. As
such, the entire prosecution case is false, concocted and contrary to
Patna High Court CR. MISC. No. 46529 of 2022(3) dt.11-01-2023
2/2
the actual facts and no such occurrence took place as alleged by the
prosecution and from perusal of the FIR, it appears that there is
general and omnibus allegation of murder against all the accused
persons due to non-fulfilment of demand of dowry and no specific
allegation against this petitioner. Marriage of the deceased and the
petitioner had taken place in the year 2010 and from the said wedlock
two children born. Petitioner is in judicial custody since 02.03.2022.
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 Sri L.B. Paswan, Judicial Magistrate, Ist,
Bikramganj, District- Rohtas/concerned Court in connection with
Suryapura P.S. Case No. 15 of 2021.
Brajesh Kumar/-
(Sunil Kumar Panwar, J)
U
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