The Court allowed anticipatory bail to the petitioner in his apprehension of arrest under S. 304B IPC regarding death of his pregnant wife, directing surrender within three weeks.
Anticipatory bail granted; petitioner directed to surrender within three weeks; released on bail with Rs. 10,000 bond and two sureties.
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IN THE HIGH COURT OF JHARKHAND AT RANCHI A. B. A. No. 3718 of 2016 Binod Yadav …… Petitioner Versus
The State of Jharkhand
…… Opposite Party
CORAM: HON'BLE MR. JUSTICE ANANT BIJAY SINGH For the Petitioner :Mr. Shree Nivas Roy, Advocate For the State : A.P.P
04/Dated: 04/10/2016
Heard learned counsel for the parties.
The petitioner is apprehending his arrest in connection with Tisri P.S. Case No. 38 of 2015, corresponding to G.R. No. 2355 of 2015, for the offence registered under sections 304B/34 of the Indian Penal Code.
Learned counsel for the petitioner has submitted that that petitioner is innocent and he has committed no offence. It is further submitted that there is no specific allegation against the petitioner and the entire case rests on suspicion. It is further submitted that the wife of petitioner (deceased) has died accidentally as she was pregnant and to abort it she has taken medicines without any advice from the doctor and without informing her family members and it became fatal for her. So, no case under section 304B I.P.C is made out against the petitioner. The wife of petitioner (deceased) died due to acute pain and before any medical aid could be provided, she expired. The doctor who conducted the autopsy has not given any definite cause of death. It is further submitted that in this case several witnesses have been examined in separate trial and none has supported the case of prosecution including the informant, a certified copy of depositions is annexed as annexure 2 to this application.
Learned A.P.P opposed the prayer for anticipatory bail.
Taking all these facts, the above named petitioner is directed to surrender in the Court below within three weeks from the date of this order and in the event of his arrest or surrender the Court below shall enlarge the above named petitioner on bail on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand), with two sureties of the like amount each to the satisfaction of learned C.J.M, Giridih in connection with Tisri P.S. Case No. 38 of 2015, corresponding to G.R. No. 2355 of 2015, subject to condition as laid down under section 438(2) Cr.P.C .
(Anant Bijay Singh, J.)
Satyarthi/-
1 issue framed by the court
Whether to grant anticipatory bail to the petitioner in case of his arrest under section 304B IPC.
1 provisions across 1 enactments
Binod Yadav
The State of Jharkhand
Anant Bijay Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
