The High Court of Patna rejected an anticipatory bail petition filed by a husband accused of dowry-related offenses where the victim's body was disposed of before the informant's arrival, refusing bail and directing surrender to seek regular bail.
Petitioner directed to surrender within six weeks to seek regular bail.
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.29921 of 2018
Arising Out of PS. Case No.-2 Year-2017 Thana- KASHICHAK District- Nawada
======================================================
Subodh Yadav, Son of Sidheswar Yadav, Resident of Village- Parvati, P.S.Kasichak, District- Nawada.
... ... Petitioner/s
Versus
The State of Bihar.
... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Pranav Kumar, Advocate For the Opposite Party/s : Mr. Bharat Bhushan, APP ======================================================
CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER
3 28-06-2018
Heard learned counsel for the petitioner and the
State.
The petitioner apprehends arrest in Kasichak P.S. Case No. 02 of 2017 instituted for the offence under Sections 304(B),120B/34 of the IPC.
The petitioner is husband of the deceased. There is allegation in the written report that informant's sister(deceased) was married with petitioner in the year 2012 and she was living in her matrimonial house with her husband.
It is alleged that she was tortured by the petitioner and his family members for demand of dowry. The informant received a call from this petitioner on 12.01.2017 that his sister has died. Thereafter, he reached the matrimonial house of his sister and learnt that his sister has been killed and the dead body
Patna High Court Cr.Misc. No.29921 of 2018(3) dt.28-06-2018 2/2
has been disposed off by the petitioner.
Learned APP after looking into the case diary has submitted that prior to reaching the informant at the matrimonial house of his sister (deceased), the dead body was disposed off.
In such circumstances, this Court is not inclined to grant anticipatory bail to the petitioner.
Accordingly, this anticipatory bail petition stands rejected.
The petitioner is directed to surrender in the court below within six weeks from today and seek regular bail which will be considered by the court below in accordance with law, without being prejudiced by this order.
(Sanjay Priya, J)
khushbu/-
U T
2 issues framed by the court
Whether anticipatory bail should be granted given that the deceased's body was disposed of by the petitioner prior to the informant's arrival.
What direction should the court issue to the petitioner following the rejection of the anticipatory bail petition.
Subodh Yadav
The State of Bihar
Sanjay Priya
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
