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Brijesh Kumari Vs. State

Brijesh Kumari vs State

Type Court Judgment Court Delhi Decided Apr 13, 1999
~2 min read
https://sooperkanoon.com/case/703124

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Citation
Court
Delhi High Court
Judge
Decided On
Case Number
Crl.M. (M) No. 1086/99
Subject
Criminal

Case Summary

AI-generated summary - not the official court judgment text.

Juvenile Justice Act, 1986 - Section 18--Bail--Allegation of harassment of dowry--Bail sought by minor sister-in-law--In view of provision of the Act bail granted. - - 10,000/- and a personal bond in the like sum to the satisfaction of the trial court.

Key legal issue
Criminal
Acts & sections
Juvenile Justice Act, 1986 - Sections 18

Parties & Advocates

Appellant / Petitioner

Brijesh Kumari

Advocate R.P. Kathuria and; Kailash Golani, Advs

Respondent

State

Legal References

Acts
Juvenile Justice Act, 1986 - Sections 18
Reported In
1999(49)DRJ601

Excerpt

juvenile justice act, 1986 - section 18--bail--allegation of harassment of dowry--bail sought by minor sister-in-law--in view of provision of the act bail granted. - - 10,000/- and a personal bond in the like sum to the satisfaction of the trial court.n.g. nandi, j.1. heard. it is submitted by learned counsel for the petitioner that the petitioner is a young girl aged 17 years and happened to be sister-in-law (sister of the husband).2. according to the fir, petitioner/accused is alleged to have committed offences under sections 307/498a/34 ipc converted into sections 304b/498a/34 ipc. in the submission of mr. butalia, learned app, offence allegedly committed is under section 302 ipc.3. having regard to the facts and circumstances and also that the petitioner is a girl aged about 17 years and in view of the decisions reported in 1991 cri. l.j. 1052, and in view of the provisions contained in section 18 of the juvenile justice act, 1986 and proviso to sub-section (1) of section 437 cr. p.c. i am inclined to exercise the discretion in favor of the petitioner.4. on the petitioner/accused furnishing a surety for the amount of rs. 10,000/- and a personal bond in the like sum to the satisfaction of the trial court. she is ordered to be released on bail on condition that she will not misuse the grant of bail in any manner nor will she leave the limits of nct of delhi without the prior permission of the trial court.5. whenever the application for grant in of bail to a juvenile comes up before the sessions court, the same shall also be considered in light of the provisions contained in section 18 of the juvenile justice act, 1986.6. application disposed of.

Full Judgment

N.G. Nandi, J.

1. Heard. It is submitted by learned counsel for the petitioner that the petitioner is a young girl aged 17 years and happened to be sister-in-law (sister of the husband).

2. According to the FIR, petitioner/accused is alleged to have committed offences under Sections 307/498A/34 IPC converted into Sections 304B/498A/34 IPC. In the submission of Mr. Butalia, learned App, offence allegedly committed is under Section 302 IPC.

3. Having regard to the facts and circumstances and also that the petitioner is a girl aged about 17 years and in view of the decisions reported in 1991 Cri. L.J. 1052, and in view of the provisions contained in Section 18 of the Juvenile Justice Act, 1986 and proviso to Sub-section (1) of Section 437 Cr. P.C. I am inclined to exercise the discretion in favor of the petitioner.

4. On the petitioner/accused furnishing a surety for the amount of Rs. 10,000/- and a personal bond in the like sum to the satisfaction of the trial court. She is ordered to be released on bail on condition that she will not misuse the grant of bail in any manner nor will she leave the limits of NCT of Delhi without the prior permission of the trial court.

5. Whenever the application for grant in of bail to a juvenile comes up before the Sessions Court, the same shall also be considered in light of the provisions contained in Section 18 of The Juvenile Justice Act, 1986.

6. Application disposed of.

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