The court granted bail to the petitioner, father-in-law of the deceased, accused of dowry death. He was released on furnishing bond with sureties, citing lack of substantive evidence and being separate from the accused family.
Petitioner released on bail on furnishing bond of Rs.10,000 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.4760 of 2019
Arising Out of PS. Case No.-81 Year-2018 Thana- GHOGHARDIHA District- Madhubani
======================================================
Ram Kishore Yadav Late Deo Narayan Yadav Resident of village-Kiratpur, P.S.-Ghoghardiha, District-Madhubani
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Gagan Deo Yadav For the Opposite Party/s : Mr.Ramchandra Singh ======================================================
CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER
3 08-04-2019
Heard learned counsel for the petitioner and learned
APP for the State.
The petitioner seeks bail in a case registered under Sections 304B/34 of the Indian Penal Code.
Allegation against the petitioner is of committing torture and caused death of the victim due to non-fulfillment of demand of dowry.
It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. The petitioner is in custody since 18-08-2018. Charge sheet has already been submitted. The petitioner has been falsely implicated in the present case. Except for suspicion, there is no other substantive evidence to suggest the implication of the
Patna High Court CR. MISC. No.4760 of 2019(3) dt.08-04-2019 2/2
petitioner in the present case. The petitioner is father-in-law of the deceased. He is separate in mess and property from husband of the deceased. He has no concern with the affairs of husband of the deceased.
On behalf of the State, it is submitted that the petitioner is named in the Complaint Case/F.I.R.
Considering the aforesaid facts and circumstances, let the petitioner, above named, 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 Judicial Magistrate, Jhanjharpur, Madhubani in connection with Ghoghardiha P.S. Case No. 81 of 2018.
(Sudhir Singh, J)
A.K.V.//-
U
1 issue framed by the court
Whether the petitioner should be released on bail in a dowry death case.
1 provisions across 1 enactments
Ram Kishore Yadav
The State of Bihar
Sudhir Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
