The Patna High Court allowed an application for anticipatory bail in a case involving murder and dowry death. The petitioner, husband of the deceased, sought release upon furnishing a bond and undertaking appearing as required.
Petitioner directed to surrender within six weeks, released on bail Rs. 10,000 with two sureties.
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.5284 of 2016
Arising Out of PS.Case No. -147 Year- 2014 Thana -RAFIGANJ District- AURANGABAD ====================================================== Mithilesh Yadav @ Mithlesh Yadav Son of Late Bhagvat Yadav, resident of village- Khaira, P.s. Rafiganj, District- Aurangabad (Bihar) .... .... Petitioner Versus The State of Bihar .... .... Opposite Party ====================================================== Appearance : For the Petitioner/s : Mr. Amarendra Kumar Singh For the Opposite Party/s : Md. Fahimuddin(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 4 06-05-2016 Heard learned counsel for the petitioner and the learned Addl. Public Prosecutor, appearing on behalf of the State.
This application for grant of anticipatory bail arises out of Rafiganj P.S.Case No. 147/2014, disclosing offences under sections 302, 201/34 of the Indian Penal Code and section 3/4 of the Dowry Prohibition Act.
The petitioner is the husband of the deceased.
It is submitted on behalf of the petitioner that in the F.I.R., all the family members of the petitioner were implicated for killing of the deceased on the basis of mere suspicion. She has drawn my attention to the judgment and order passed by the learned Addl. Sessions Judge V, Aurangabad in Sessions Trial No. 103/2015- 37/2015, arising out of the same Rafiganj P.S.Case No. 147/2014, whereby co-accused Awdhesh Yadav and Guddu
Patna High Court Cr.Misc. No.5284 of 2016 (4) dt.06-05-2016
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Kumar Yadav have been acquitted. She has relied on paragraph no.16 of the said judgment, which contains deposition of the informant as P.W.9, who has categorically said that there was no demand of dowry nor the accused persons had ever assaulted her.
Considering the submissions, as above, this application is allowed.
Let the petitioner, abovenamed, in the event of his arrest/ surrender before the court below within six weeks from today,be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Aurangabad in Rafiganj P.S.Case No. 147/2014, subject to the conditions as laid down under section 438(2) of the Cr.P.C.
This is subject to the condition that the petitioner shall present himself before the police/ court, as the case may be, as and when required and in the event of failure on his part to appear before the court on two consecutive occasions, his bail bonds shall be liable to be cancelled.
(Chakradhari Sharan Singh, J)
Surendra/-
U
3 issues framed by the court
Whether the petitioner is entitled to anticipatory bail in an offence under sections 302, 201/34 IPC and the Dowry Prohibition Act.
Whether the petitioner can be released on bail upon furnishing a bond and giving undertaking for future appearance.
Whether the allegations against the petitioner are based on mere suspicion given the acquittal of co-accused in related proceedings.
Mithilesh Yadav @ Mithlesh Yadav
The State of Bihar
Chakradhari Sharan Singh
Surendra
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
