In a bail application, the High Court of Jharkhand rejected the petitioners petition for bail in a dowry death case under IPC sections 498A, 304B, 300, and 34, refusing release on the basis of unnatural death and allegations of torture.
Bail application rejected; prosecution maintains opposition to bail.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JHARKHAND AT RANCHI B.A. No. 4510 of 2018
---Bilendra Yadav @ Biran Yadav @ Birendra Yadav… Petitioner
-versus-
The State of Jharkhand … Opposite Party ---CORAM : HON’BLE MR. JUSTICE ANANDA SEN
---For the Petitioner : Mr. A.K. Chaturvedy, Advocate For the State : A.P.P.
---3/ 19.11.2018 Heard learned counsel for the parties.
Learned A.P.P. appearing for the State opposes the prayer for bail of the petitioner.
Petitioner is an accused for allegedly committing the offence punishable under Sections 498(A)/304(B)/201/34 of the Indian Penal Code, in connection with Pratappur Police Station Case No.46 of 2017 (G.R. No.602 of 2017) corresponding to Sessions Trial No.222 of 2017, pending in the Court of learned Additional Sessions Judge III Chatra.
Petitioner is the husband. Marriage had taken place within two years. Deceased died unnatural death. There was demand of dowry. There is allegation of torture also on the deceased.
In view of the aforesaid facts, I am not inclined to grant bail to the petitioner. Accordingly, prayer for bail of the petitioner, abovenamed, in connection with Pratappur Police Station Case No.46 of 2017 (G.R. No.602 of 2017) corresponding to Sessions Trial No.222 of 2017, pending in the Court of learned Additional Sessions Judge III Chatra, is hereby rejected.
This application stands dismissed.
Kumar/Cp-03
2 issues framed by the court
Whether bail should be granted to the accused facing charges of dowry death under sections 498A and 304B IPC.
Whether the nature of the offence warrants the rejection of bail application.
1 provisions across 1 enactments
Bilendra Yadav @ Biran Yadav @ Birendra Yadav
The State of Jharkhand
Ananda Sen
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
