In a murder case involving dowry death, the Patna High Court granted bail to the petitioner, husband of the deceased, releasing him on a bond of Rs. 10,000 with two sureties, considering the custody period and lack of eyewitnesses.
Petitioner released on bail on furnishing bond of Rs. 10,000 with two sureties of the like amount 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.29172 of 2021
Arising Out of PS. Case No.-343 Year-2020 Thana- DHURAIYA District- Banka
======================================================
ABDHESH YADAV Son of Hari Yadav Resident of Village - Maldhra, P.S.Dhoraiya, District - Banka.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr.Brij Nandad Prasad For the Opposite Party/s : Mr. Rajendra Prasad Nut ======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER
3 02-12-2021
Heard learned counsel for the petitioner and the State.
Petitioner seeks regular bail in a case registered for
the offence punishable under Section 302/34 of the Indian Penal Code.
As per the prosecution case, this petitioner along with his family members used to demand dowry from the sister of informant and on 09.12.2020 they committed murder of informant’s sister by administering poison to her.
Petitioner is husband of the deceased. Learned counsel appearing for the petitioner submits that marriage was solemnized 25 years ago and out of the wedlock one female child, who has been married by now, and two male child aged about 20 and 10 years were born. It is submitted that there is no eye witness of the occurrence and on account of some family
Patna High Court CR. MISC. No.29172 of 2021(3) dt.02-12-2021 2/2
dispute the deceased committed suicide by consuming poison. In the post mortem examination no external or internal injury was found. Petitioner is in custody since 11.12.2020 and charge sheet has already been submitted in this case.
Learned counsel appearing for the State opposes the prayer for bail.
Considering the facts of the case and the period of custody of the petitioner, let the petitioner, above named, 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 Chief Judicial Magistrate, Banka in connection with Dhoraiya PS case No. 343/2020.
(Prabhat Kumar Singh, J)
BKS/-
U T
3 issues framed by the court
Whether the petitioner seeking bail in a murder case punishable under Section 302/34 IPC should be granted bail.
Whether the circumstances of the case warrant the release of the petitioner on bail upon furnishing a bond.
Whether the period of custody and prosecution facts justify granting bail in death-by-poison case arising from dowry dispute.
1 provisions across 1 enactments
ABDHESH YADAV
The State of Bihar
PRABHAT KUMAR SINGH
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
