Rajesh Yadav v. The State Of Bihar
Case brief
What is this about?
The High Court directed the release of the petitioner on bail in a matrimonial death case where the police report indicated the death was accidental. The court required furnishing of bail bonds and sureties.
What did the court decide?
Released on bail on furnishing bond of Rs. 10,000 with two sureties of like amount to the satisfaction of the Chief Judicial Magistrate.
What the court decided
A compact analysis
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.
Patna High Court Cr.Misc. No.30618 of 2015 (3) dt.14-10-2015
1
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.30618 of 2015
Arising Out of PS.Case No. -9 Year- 2015 Thana -NAYA RAM NAGAR District- MUNGER ====================================================== 1. Rajesh Yadav Son of Late Kamleshwari Yadav resident of village - Fulhat Patam, P.S. Naya Ram Nagar, Distt. - Munger .... .... Petitioner/s Versus 1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Bhola Kumar For the Opposite Party/s Mr. Raj Ballabh Singh(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER
03/ 14.10.2015 Heard learned counsel for the petitioner as well as learned
Addl. Public Prosecutor for the State.
Petitioner happens to be husband of the deceased and initially, case was lodged under sections 498A, 304B/34 of the Indian Penal Code but after investigation, police submitted final form showing case as mistake of fact.
Learned counsel for the petitioner submits that in course of investigation, it came to light that the deceased died accidentally while she was going along with the petitioner on motorcycle and taking note of the aforesaid fact, police submitted final form finding accusation untrue.
Issues for consideration
1 issue framed by the court
Whether the petitioner should be released on bail in a case concerning death under Sec 304B IPC where police found mistake of fact.
Parties & counsel
- petitioner
Rajesh Yadav
- respondent
The State of Bihar
Coram
Hemant Kumar Srivastava
Case details
As recorded by the court registry
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