Parwati Devi v. The State Of Bihar
Case at a glance
Provisions considered
- Indian Penal Code, 1860 ss. 120(B), 201, 304(B)
- Code of Criminal Procedure, 1973 s. 438(2)
Judgment
.... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Sanjeev Kumar For the Opposite Party/s : Mr. L. K. Sharma, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 2 28-10-2013 Heard learned Counsel for the petitioner and the learned Additional Public Prosecutor for the State. The petitioners are mother-in-law and father-in- law of the deceased and apprehend their arrest in a case registered for the offence punishable under Section 304(B), 201 and 120(B) of the Indian Penal Code. Learned Counsel appearing on behalf of the petitioners with reference to allegation made in the complaint petition contends that there is vague allegation that the accused persons had been demanding a sum of Rs. 50,000/- for accused no. 1, the husband, to do business. Learned Counsel for the petitioners submits that even if this allegation is taken to be true, such demand cannot be treated as demand for dowry. He further submits Patna High Court Cr.Misc. No.44482 of 2013 (2) dt.28-10-2013 that there is no allegation in the complaint petition that immediately before the death of the deceased, any dowry was demanded. He accordingly submits that no case under Section 304(B) of the Indian Penal Code is made out. He further submits that on the date of death i.e. 15.09.2012, the complainant was there at the time of cremation and a false statement has been made in the complaint petition that he was not informed about the death of the deceased. He contends that the delay in lodging of the complaint petition i.e. seven days after the alleged occurrence casts a serious doubt on the prosecution case. In view of the submissions as aforesaid, let the above named petitioners be released on anticipatory bail in the event of their arrest or surrender before the Court below within a period of six weeks from today in connection with Atri Police Station Case No. 31 of 2013 on furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Gaya subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Chakradhari Sharan Singh, J) Prabhakar Anand/-
Precedent status how later indexed judgments have treated this case
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