Ajeet Kumar v. The State of Bihar
Case at a glance
- Bench
- ARUN KUMAR JHA
Provisions considered
- Indian Penal Code, 1860 ss. 304B, 306
- Code of Criminal Procedure, 1973 s. 438(2)
Judgment
====================================================== Appearance : For the Petitioner/s For the State For the Informant ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA Mr. Arvind Nath Pandey Mr. Mohammed Arif Mr. Gajendra Nath Ojha : : : 3 13-09-2024 Heard learned counsel for the petitioners and learned ORAL ORDER counsel for the State.
In this case, the petitioners are apprehending their arrest in connection with Masaurhi P.S. Case No. 770 of 2022, registered for the offences under Section 306 of the Indian Penal Code.
As per prosecution case, the daughter of the informant committed suicide in her parental home and the allegations against the petitioners, who are in-laws of the deceased and accused husband is that of demanding of four wheeler car as dowry and torture and assault on this account. Patna High Court CR. MISC. No.55061 of 2024(3) dt.13-09-2024
Learned counsel for the petitioners submits that the petitioners are innocent and have been falsely implicated in this case. Petitioners are brother-in-law and sister-in-law of the deceased respectively. The allegation of demanding dowry and instigating daughter of the informant for committing suicide is false, concocted and not believable. The deceased was under depression and she was staying in the house of informant where she committed suicide. There is nothing on record either to show instigation or abetment by the petitioners or making demand of dowry or torture related to. The F.I.R. is registered after much delay. The occurrence is of 10.09.2022 and F.I.R. was registered on 16.11.2022. Petitioners are having clean antecedent.
Learned APP for the State as well as learned counsel for the informant opposes the prayer for anticipatory bail. Learned counsel for the informant submits that case has been u/s 304B of the Indian Penal Code. He further submits that the deceased committed suicide due to torture and false instigation of the petitioners.
Having regard to the facts and circumstances and submissions made on behalf of the parties and considering the vague nature of allegation and considering further possibility Patna High Court CR. MISC. No.55061 of 2024(3) dt.13-09-2024 of false accusation, let the petitioners above named, in the event of their arrest or surrender before the court concerned within a period of eight weeks from today, be released on bail, on furnishing bail bonds of Rs. 10,000/- (Rupees Twenty thousand Only) each with two sureties of the like amount each to the satisfaction of learned A.C.J.M., Masaurhi/concerned court in connection with Masaurhi P.S. Case No. 770 of 2022, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure and other following conditions: (i) One of the bailors will be a close relative of the petitioners. (ii) The petitioners will remain present on each and every date fixed by the court below, if so required by the learned trial court. (Arun Kumar Jha, J) Ranjeet/- U T
Precedent status how later indexed judgments have treated this case
No known negative treatment found in the Courts & Cases corpus.
This is a result about the indexed corpus, not a finding that the judgment remains good law. Coverage may be incomplete.