2023 (1) TMI 1357 - HC - Indian Laws

Bail Granted: Brother-in-law's Role Distinct from Main Accused in Dowry Death Case Under IPC Sections 304(B) & 120(B.

The HC granted bail to the petitioner, the elder brother-in-law of the deceased, in a case involving IPC Sections 304(B)/34 and 120(B), relating to dowry ... Seeking grant of Regular bail - murder - allegation of killing the daughter of the informant on account of nonfulfillment of the demand for dowry by hanging her from a fan - HELD THAT:- Considering the fact that a general and omnibus allegation has been levelled against the accused persons, but the main accused person appears to be the husband of the deceased victim lady whereas, the petitioner is the elder brother-in-law of the deceased victim lady, it is deemed fit and proper to direct for release of the petitioner on bail, immediately upon surrender by the husband of the deceased victim lady before the learned trial court, subject to such conditions as may be deemed fit and proper to be imposed by the learned court of Judicial Magistrate-1st Class, Buxar in connection with Koran Sarai P.S. Case No. 18 of 2021. Petition disposed off. Issues:- Bail application in connection with a case involving Sections 304(B)/34 and 120(B) of the Indian Penal Code.- Allegation of killing the victim due to nonfulfillment of dowry demand.- Petitioner's claim of innocence and false implication.- Opposition by the State's counsel.- Decision to grant bail upon surrender of the main accused.Analysis:The judgment pertains to a bail application in a case registered under Sections 304(B)/34 and 120(B) of the Indian Penal Code, where the petitioner, the elder brother-in-law of the deceased victim lady, is seeking bail. The allegation is that the accused persons, including the petitioner, killed the victim due to nonfulfillment of a dowry demand by hanging her from a fan. The petitioner claims innocence, stating he has been falsely implicated, possesses a clean antecedent, and has no connection with the alleged occurrence. The defense argues that the husband of the deceased victim lady is the main responsible party, not the petitioner.The State's counsel vehemently opposes the bail plea. However, the court, after considering the submissions and the materials on record, notes that a general allegation has been made against the accused persons, with the husband of the deceased victim lady appearing to be the main accused. In contrast, the petitioner is the elder brother-in-law. Given these circumstances, the court deems it appropriate to grant bail to the petitioner upon the surrender of the husband of the deceased victim lady before the trial court. The court directs the release of the petitioner on bail subject to conditions to be imposed by the Judicial Magistrate-1st Class in connection with the case.In conclusion, the court disposes of the petition by granting bail to the petitioner based on the specific condition of the main accused surrendering, emphasizing the distinction in roles between the petitioner and the primary accused in the case.