In this bail application, the Hon'ble Court granted release to the accused husband on furnishing bail bonds. The charge shifted from dowry death to abetment of suicide during investigation.
Petitioner released on bail by furnishing bonds of Rs.10,000 with two sureties of the like amount each.
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 JUDICATURE AT PATNA Criminal Miscellaneous No.21578 of 2015
Arising Out of PS.Case No. -66 Year- 2014 Thana -DAUDNAGAR District- AURANGABAD
====================================================== Bharat Yadav Son of Rajan Singh, resident of village- Devdatpur, P.S.Daudnagar, District- Aurangabad. .... .... Petitioner Versus The State of Bihar. .... .... Opposite Party ====================================================== Appearance : For the Petitioner : Mr. Bachan Jee Ojha, Advocate For the Opposite Party: Mr. Ashok Kumar Singh-1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 2 11-06-2015 Heard learned counsel for the petitioner and learned APP for the State.
The petitioner seeks bail in connection with Daudnagar P.S. Case No.66 of 2014 for the offences punishable under Sections 498A, 304B and 201 read with Section 34 of the Indian Penal Code and Section 3/4 of the Dowry Prohibition Act.
The prosecution story, in brief, is that the daughter of the informant, namely, Sushila Devi was married with this petitioner in 2008 and after marriage, the petitioner along with other accused persons used to demand further dowry of Rs.50,000/- and for that she was tortured by them and on 25.02.2014, the informant came to know that Sushila Devi has been taken by the petitioner to Deoduttpur where she was not found. The informant went to Deoduttpur and searched her but
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her house was found locked and the villagers told that the petitioner after beating Sushila Devi ousted her from the house and she went to the house of one Surendra Yadav who refused to give her shelter due to fear of the petitioner. The informant got suspicion in his mind that her daughter along with her two years female child was done to death and her dead body was thrown somewhere else.
It has been submitted on behalf of the petitioner that the petitioner is the husband of the deceased. Though the case was instituted for an offence under Section 304B and other allied sections of the Indian Penal Code but after investigation, the police has submitted final report for an offence under Section 306 of the Indian Penal Code. It has further been submitted that the petitioner has got no criminal antecedent and he is in custody since 28.11.2014.
On behalf of the State, it has been submitted that the petitioner is named in the first information report.
Considering the fact that the case has not been found true under Section 304B of the Indian Penal Code by the police, let the petitioner, above named, be released on bail on furnishing bail bonds of Rs.10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of the learned
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Sub-Divisional Judicial Magistrate, Daudnagar, Aurangabad in
connection with Daudnagar P.S. Case No.66 of 2014.
(Sudhir Singh, J)
B.T/-
U T
1 issue framed by the court
Whether the petitioner should be granted bail after the police report changed charge from dowry death to abetment of suicide given his lack of criminal antecedents.
2 provisions across 2 enactments
Bharat Yadav
The State of Bihar
Sudhir Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
