The Patna High Court considered a petition for anticipatory bail under IPC Sections 302, 201, 323, 325, 498-A, 120-B and 34 filed by the husband of the victim. The Court rejected the prayer.
The prayer for grant of anticipatory bail was rejected.
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.54432 of 2015
Arising Out of PS.Case No. -47 Year- 2015 Thana -KAUAKOL District- NAWADA ====================================================== Ram Pravesh Yadav, Son of Rajendra Yadav, Resident of Village-Pali, PS.- Kawakole, District- Nawada. .... .... Petitioner/s Versus The State of Bihar .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Sheo Kumar Prasad For the Opposite Party/s : Mr. Ajay Kumar 2 (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE KISHORE KUMAR MANDAL ORAL ORDER 3 08-03-2016 Heard counsel for the petitioner and the State. Petitioner is the husband of victim and is facing prosecution under Sections 302, 201, 323, 325 498(A), 120(B), 34 of the Indian Penal Code
The marriage of the victim was solemnized in the year 1999. The brother of the victim lodged the case alleging that from the very beginning she was tortured by the in-laws. Few days prior to the occurrence she had come to the Naiyhar and expressed her apprehension of being killed by Sasural people. The FIR details the manner in which she was done to death. Indisputably no post mortem was got conducted.
The contention of the petitioner is that she was mentally ill and was being treated. In a fit of mental illness she
Patna High Court Cr.Misc. No.54432 of 2015 (3) dt.08-03-2016
2/2
committed suicide.
Learned A.P.P. on the other hand states that the incriminating circumstances/materials were found from the house of the petitioner suggesting assault on the lady. Taking into account the seriousness of allegation and the materials reflecting from the record including the impugned order, I do not find it a fit case for grant of anticipatory bail. The prayer is accordingly rejected.
(Kishore Kumar Mandal, J) siddharth/U
2 issues framed by the court
Whether the facts of this case makes it a fit case for the grant of anticipatory bail.
Whether the petitioner is facing prosecution for causing death to his wife.
1 provisions across 1 enactments
Ram Pravesh Yadav
The State of Bihar
Kishore Kumar Mandal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
