The High Court at Patna disposed of a bail application in a dowry death case (IPC 304B/34). The court observed that the prior rejection of bail need not affect the trial court's consideration if the petitioner applies anew, and did not grant bail in this order.
None granted; disposed based on observation regarding custody period.
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.12857 of 2021
Arising Out of PS. Case No.-542 Year-2019 Thana- DHANARUA District- Patna
======================================================
Rajballam Yadav@ Rajballabh Yadav, aged about 75 years, male, Son Of Late Siya Saran Yadav Resident Of Village - Madahipar, P.S.- Dhanarua, Dist.- Patna.
... ... Petitioner
Versus
The State Of Bihar
... ... Opposite Party ====================================================== Appearance : For the Petitioner : Mr.Ajay Kumar Sinha, Adv. For the Opposite Party : Mr. Jay Ram Prasad Mr. Syed Mojibur Rahman, Advocates ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER
4 12-01-2022
The matter has been listed today for consideration through Video Conference.
Learned counsel for the petitioner is expected to honour his undertaking given in the instant case for depositing the requisite court fee and to remove the defects as pointed out by office when called upon to do so by the office.
Heard learned counsel for the petitioner and learned counsel for the State.
The petitioner seeks bail in Dhanarua P. S. Case No. 542 of 2019, instituted for the offence under Section 304B/34 of the Indian Penal Code.
While the petitioner has been in custody, his prayer for bail was earlier rejected under order dated 03.06.2020 passed
Patna High Court CR. MISC. No.12857 of 2021(4) dt.12-01-2022 2/2
in Cr. Misc. No. 12792 of 2020. Therefore, after some argument, he submits that he will be approaching the learned Court below renewing his prayer for bail.
This Court would only observe that if the petitioner applies for bail, the period of custody and other aspect of the matter be considered by the learned trial Court without in any manner being effected by the earlier rejection under order dated 03.06.2020 passed in Cr. Misc. No. 12792 of 2020.
With the aforesaid observations, the application stands disposed of.
(Madhuresh Prasad, J)
shyambihari/-
U
1 issue framed by the court
Whether to dispose of an application for bail in a dowry death case.
2 provisions across 1 enactments
Rajballam Yadav
The State Of Bihar
Madhuresh Prasad
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
