Allowed

Mukesh Yadav @ Mukesh Kumar Yadav v. The State of Bihar

Patna HC6 Nov 2020CR. MISC./25125/2020

Case brief

AI extract

What is this about?

Grants bail to the petitioner, brother-in-law of the deceased, in a dowry death case. The court held the petitioner stands on better footing as the informant did not make specific allegations of assault or killing against him, despite later making general charges against all family members.

What did the court decide?

Directed to release the petitioner on bail by furnishing a bail bond of Rs.10,000/- with two sureties of the like amount each.

Mukesh Yadav @ Mukesh Kumar Yadav Vs The State of Bihar — Dowry and Cruelty | Patna HC (2020)

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.25125 of 2020

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Arising Out of PS. Case No.-3 Year-2020 Thana- SABAUR District- Bhagalpur

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======================================================

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MUKESH YADAV @ MUKESH KUMAR YADAV, Aged about 24 years, Male, Son of Sri Ramashish Yadav, Resident of Village - Chandheri, P.S.Sabour, District - Bhagalpur.

... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Ranjeet Kumar, Advocate For the Opposite Party/s : Mr. B.N. Pandey, APP ======================================================

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CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER

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5 06-11-2020 Heard Mr. Ranjeet Kumar, the learned counsel for the petitioner and Mr. B.N. Pandey, the learned Additional P.P. through video conferencing.

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The petitioner seeks bail in Sabour P.S. Case No.03 of 2020, registered under Sections 304(B), 120(B) and 34 of the Indian Penal Code.

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The informant, mother of the deceased, in sum and substance alleged that she got her daughter, Priyanka Kumari married with Jitendra Yadav on 14^th May, 2019. Some days after marriage, Jitendra Yadav began to demand Rs.2,00,000/- and when the demand was not fulfilled, he used to assault her daughter and he also threatened to kill her. On 31.12.2019, the accused poisoned her daughter to death. The informant further

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Patna High Court CR. MISC. No.25125 of 2020(5) dt.06-11-2020 2/3

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disclosed that when she went to the house of Jitendra Yadav, she saw that the accused persons were taking the dead body of her daughter on an auto rickshaw but the informant caught Jitendra Yadav, her son-in-law, and handed over to the police of Tilka Manjhi P.S., but other accused persons managed to flee away. The informant alleged that her son-in-law, his brother, the petitioner, and other accused persons killed her daughter.

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Learned counsel for the petitioner submits that the informant herself stated in her fardbeyan that her son-in-law used to assault her daughter due to non-fulfillment of demand of dowry. She also disclosed that her daughter was poisoned to death but she did not make any allegation of assault or killing against the petitioner. At the fag end of her fardbeyan, she made omnibus and general allegation against all the accused persons including the petitioner. The petitioner is brother-in-law of the deceased and he has no manner of concern with the family affairs of his brother, Jitendra Yadav, the husband of the deceased. The mother-in-law of the deceased has already been granted anticipatory bail. The case of the petitioner stands on better footing. The petitioner is in jail since 01.03.2020.

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The learned Additional P.P., however, opposed the prayer for bail.

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Patna High Court CR. MISC. No.25125 of 2020(5) dt.06-11-2020 3/3

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It appears that the informant has not made any specific allegation of assault or killing against the petitioner. The informant in her fardbeyan made specific allegation of demand and dowry and assault against her son-in-law and she disclosed that when the demand was not fulfilled, her daughter was poisoned to death but later on she made omnibus and general allegation against all other family members including the petitioner, who is brother-in-law of the deceased. Mother-inlaw has already been granted anticipatory bail.

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Considering the facts aforesaid and nature of allegations made against the petitioner and the fact that the petitioner is brother-in-law of the deceased, the petitioner, namely, Mukesh Yadav @ Mukesh Kumar Yadav is directed to be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned C.J.M., Bhagalpur in connection with Sabour P.S. Case No.03 of 2020.

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(Prabhat Kumar Jha, J)

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S.KUMAR/-

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U T

Mukesh Yadav @ Mukesh Kumar Yadav v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Mukesh Yadav @ Mukesh Kumar Yadav v. The State of Bihar

Case brief

What is this about?

What did the court decide?

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