Allowed

Manoj Yadav v. The State Of Bihar

Patna HC20 Apr 2016CR. MISC./8315/2016

Case brief

AI extract

What is this about?

This is an oral order by a Single Judge granting bail to a petitioner languishing in custody in a dowry death case (Sections 304B/498A IPC). The court noted procedural irregularities regarding the marriage date verification and directed police action before granting bail bonds.

What did the court decide?

Petitioner released on bail furnishing bonds of Rs. 10,000 with two sureties; Direction issued to IG of Police to enquire against investigating/supervising officers.

Manoj Yadav Vs The State Of Bihar — Bail and Remand | Patna HC (2016)

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IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.8315 of 2016

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Arising Out of PS.Case No. -116 Year- 2015 Thana -WARSALIGANJ District- NAWADA ====================================================== 1. Manoj Yadav S/o Late Ram Swaroop Yadav Resident of village - Murlachak, P.S. - Warsaliganj, District - Nawadah. .... .... Petitioner/s Versus 1. The State of Bihar. .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Arun Kumar, Advocate For the Opposite Party/s : Mr. A.Dayal (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER

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3 20-04-2016 Heard learned counsel for the petitioner and the State. Petitioner is languishing in custody since 10.01.2016 in a case registered for the offences punishable under Sections 304B, 498A of the Indian Penal Code. The prosecution case is of killing the sister of the informant.

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It is submitted by the learned counsel for the petitioner that victim died after 15 years of marriage, which is admitted by the informant in the First Information Report. In spite of that the First Information Report was registered under Section 304B of the Indian Penal Code,

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Patna High Court Cr.Misc. No.8315 of 2016 (3) dt.20-04-2016

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which suggests the mechanical approach of the police. The First Information Report does not contain any accusation of demand of dowry, not the case diary suggest as such.

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Learned A.P.P. after going through the case diary suggests that Investigating Officer has not taken any action to verify the actual date of marriage of the Informant. Although, most of the witnesses suggests that the victim was married 15 years prior to her death, which suggests the mechanical and casual manner. The Investigating Officer has investigated the case and Supervising Officer has supervised the case. The charge-sheet has also been submitted under Section 304B of the Indian Penal Code.

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Let, the Inspector General of Police, of the concerned zone conduct an enquiry and take needful action against the Investigating Officer and Supervising Officer and if it is found that without verifying the date of marriage of the informant, mechanically charge-sheet has been submitted under Section 304B of the Indian Penal Code, then both Investigation Officer and Supervising Officer may be debarred from any investigation of serious offences in future.

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Considering the aforesaid facts, let the above named petitioner, be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Sub-Divisional

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Patna High Court Cr.Misc. No.8315 of 2016 (3) dt.20-04-2016

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Judicial Magistrate, Nawadah in connection with Warsaliganj P.S. Case No. 116 of 2015.

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(Dinesh Kumar Singh, J)

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P.K./-
U T

Manoj Yadav v. The State Of Bihar

Case brief

What is this about?

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Manoj Yadav v. The State Of Bihar

Case brief

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