The Patna High Court granted anticipatory bail to the petitioner, who was apprehending arrest in a dowry death case. The court directed his release upon surrender within six weeks upon furnishing bail bonds under Section 438 CrPC.
Directing the petitioner to surrender within six weeks on bail bonds of Rs.10,000 with two sureties each.
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.62514 of 2018
Arising Out of PS.Case No. -128 Year- 2018 Thana -ATRI District- GAYA
====================================================== Janaki Yadav, son of Late Nanhak Yadav, Resident of Village- Mallahchak, Police Station- Atri, District- Gaya.
.... .... Petitioner Versus The State of Bihar .... .... Opposite Party ====================================================== Appearance : For the Petitioner : Mr. Manish Kumar No-2, Advocate. For the Opposite Party : Smt. Suman Kumari Singh, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER
2 26-10-2018 Heard learned counsel for the petitioner and learned A.P.P. for the State.
The petitioner is apprehending his arrest in a case for the offence registered under Sections 304(B) and 201 of the IPC.
The prosecution story, in brief, is that the accused persons including the petitioner killed the victim due to nonfulfilment of demand of dowry.
It has been submitted by learned counsel for the petitioner that the petitioner has got no criminal antecedent. There is no allegation of tampering with the witnesses alleged against the petitioner. The petitioner has been made accused in the present case due to mistake of fact. The petitioner is cousin father-in-law ( Chachera Sasur ) of the deceased. He is separate in mess and
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property from the husband of the deceased. He has got no concern with the alleged occurrence.
On behalf of the learned counsel for the State, it has been submitted that the petitioner is named in the F.I.R/ complaint case.
Considering the aforesaid facts and circumstances, let the petitioner above named, in the event of arrest or surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned A.C.J.M.-VIII, Gaya, in connection with Atri P.S. Case No. 128 of 2018, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.
U.K./U T
(Sudhir Singh, J)
1 issue framed by the court
Whether the petitioner is entitled to anticipatory bail in the offence of dowry death under Sections 304(B) and 201 IPC.
2 provisions across 2 enactments
Janaki Yadav
The State of Bihar
Sudhir Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
