The court granted anticipatory bail to the petitioner, a husband fearing arrest, in a dowry-related murder case where the case character was doubted due to conflicting timelines and cause of death.
Released on anticipatory bail with fixed bond amounts to satisfy the learned ACJM with conditions under Section 438(2) Cr.P.C.
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IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.12902 of 2013
====================================================== Vijay Yadav @ Viddaya Yadav .... .... Petitioner/s Versus The State Of Bihar .... .... Opposite Party/s ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 03/ 25-04-2013 Learned counsel for the petitioner is permitted to make correction the prayer portion.
Heard learned counsels for the petitioner and
the State.
The petitioner being the husband of the victim is apprehending his arrest in a case registered for the offences punishable under Sections 304B and 201/34 of the Indian Penal Code.
The accusation is of killing the sister of the informant for non-fulfillment of the dowry demand.
It is submitted by learned counsel for the petitioner that as per own admission of the informant in the First Information Report the marriage was performed ten years ago, hence, the case does not come within the purview of section 304B of the IPC when the witnesses have suggested that the victim died due to snake bite.
Patna High Court Cr.Misc. No.12902 of 2013 (3) dt.25-04-2013 2/2
Considering the aforesaid facts, let the above named petitioner be released on anticipatory bail in the event of his arrest or surrender before the learned court below within a period of twelve weeks from today, on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned ACJM, Hilsa, Nalanda in connection with Hilsa P.S. Case No. 322 of 2011, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.
(Dinesh Kumar Singh, J.)
DKS/
1 issue framed by the court
Whether the petitioner is eligible for anticipatory bail in a case alleging offence under Sections 304B and 201/34 IPC.
3 provisions across 2 enactments
VIJAY YADAV
STATE OF BIHAR
DINESH KUMAR SINGH
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
