The Patna High Court granted bail to the petitioner in a murder case, noting the absence of dowry allegations and eye-witness to the murder, subject to cooperation and a forfeitable bond.
Released on bail by furnishing a bond of Rs. 20,000 with two sureties of like amount.
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.55981 of 2017
Arising Out of PS.Case No. -26 Year- 2017 Thana -ANTICHAK District- BHAGALPUR
====================================================== Ramjanan Yadav @ Ranjanam Yadav @ Ramjanam Yadav, Son of Lakho Yadav, Resident of Village- Taufil, Diyara, P.S.- Anti Chak, DistrictBhagalpur.
.... .... Petitioner Versus The State of Bihar .... .... Opposite Party ====================================================== Appearance : For the Petitioner/s : Mr. Dhananjay Kumar Gupta, Adv. For the Opposite Party/s : Mr. Sri Ashok Kumar, APP. ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER
3 04-01-2018 Heard learned counsel for the petitioner and learned APP for the State.
Petitioner seeks bail in a case registered for the offences punishable under Sections 302, 201, 34 of the Indian Penal Code.
There is no allegation of dowry demand in the FIR and there is no eye witness of the occurrence of murder.
Learned counsel for the State submits that the case diary would reveal that the witnesses have stated before the police that the victim committed suicide.
Petitioner is husband of the victim and he is in custody since 07.07.2017.
Considering the entire facts aforesaid, let the
Patna High Court Cr.Misc. No.55981 of 2017 (3) dt.04-01-2018
2
petitioner, above named, be released on bail on furnishing bail bond of Rs.20,000/- (Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court below where the case is pending in connection with Anti Chak Police Station Case No.26 of 2017, subject to the condition that the petitioner shall fully cooperate with the investigation and trial of the case, failing which the court below shall be at liberty to cancel the bail bond of the petitioner.
(Birendra Kumar, J)
Nitesh/-
U T
2 issues framed by the court
Whether the petitioner is entitled to be released on bail in the given circumstances.
Whether the absence of a dowry demand allegation and denial of murder eye-witness affects the grant of bail.
1 provisions across 1 enactments
Ramjanan Yadav @ Ranjanam Yadav @ Ramjanam Yadav
The State of Bihar
BIRENDRA KUMAR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
