Child custody -- Writ of Habeas Corpus - Custody of children with maternal grandparents of minor children - Father who is on bail relating to case registered for dowry death of wife, claiming custody of children - However, he failed to demonstrate that as to how, custody of children with their maternal grandparents can be said to be illegal or unlawful - Petition..........
Criminal Procedure Code, 1973, Section 439(2), Indian Penal Code, 1860, Section 304B, 498A, 323, 506, 313, Dowry Prohibition Act, 1961, Section 3, 4 -- Cancellation of anticipatory bail - Dowry death - Cruelty - FIR contains recital of allegation bearing on role of accused in demanding dowry, of prior incident of assault, payment of moneys by cheque to in-laws of deceased..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 304B, 302, 498A, 34, Dowry Prohibition Act, 1961, Section 4 -- Bail - Dowry death - Dying declaration of deceased recorded by Medical Officer indicates that no one was present with deceased when incident occurred and that Kerosene jerrycane fell over gas and caught fire - This has been further..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 304B, 406, 34 -- Bail - Dowry death - Deceased died unnatural death within 3 years of her marriage - There are categoric averments regarding demand of dowry from complainant and ill treatment of deceased by her in-laws - Issue as to cause of death is a question which trial Court will determine at..........
Criminal Procedure Code, 1973, Section 389, Indian Penal Code, 1860, Section 304B, 498A, Dowry Prohibition Act, 1961, Section 3, 4 -- Suspension of sentence during pendency of appeal against conviction - Dowry death - Deceased died within 7-8 months of her marriage - There is oral evidence of parents of deceased regarding cruelty and torture immediately preceding death -..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 304B, 34 -- Bail - Dowry death - Petitioner is father-in-law of deceased and he is 67 years old - Allegations against petitioner are vague - Entire family is in jail - Petitioner is in custody since 2019 - Bail granted to petitioner...........
Criminal Procedure Code, 1973, Section 437(4), Indian Penal Code, 1860, Section 304B, 498A, 306 -- Bail - Dowry death - Cruelty - Magistrate granted bail to accused - However, order does not give reasons sufficient to hold that there are no reasonable grounds for believing that accused have been guilty of offences - Magistrate thus, acted without jurisdiction in granting..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 304B, 498A -- Bail - Dowry death - Cruelty - Exorbitant demands - Claim for demand not supported by any material evidence - Deceased not coping with stress relating to the examinations and the results - Vivid description as to how deceased had a "loving, caring, hot and handsome husband" - Bail..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 304B, 302, 498A, 34 -- Bail - Dowry death - High Court granted bail to accused relying upon alleged suicide note recovered from dressing table - Complainant submitted that findings of High Court placing reliance upon alleged suicide note would prejudicially affect interest of complainant in..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 304B -- Anticipatory bail - Dowry death - No serious allegations of any demand of dowry or any such harassment being met out to deceased at the hands of her husband or other members of his family - However, some allegations were made in the FIR that deceased was being administered some substance..........
