The Patna High Court granted regular bail to the husband and father-in-law of a deceased woman arrested in a murder case. The court noted the absence of dowry allegations, a love marriage history, and found no likelihood of absconding.
Regular bail granted upon furnishing a bail bond of Rs. 20,000 each 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.28222 of 2021
Arising Out of PS. Case No.-333 Year-2020 Thana- CHOUTARWA District- West
Champaran
======================================================
RANJEET YADAV Son of Jeetan Yadav Resident of Village- Bathwaria, P.S.Bathwaria (Chautarwa), District- West Champaran.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
with
CRIMINAL MISCELLANEOUS No. 7992 of 2022
Arising Out of PS. Case No.-333 Year-2020 Thana- CHOUTARWA District- West Champaran
====================================================== JEETAN YADAV Son of Late Bimal Yadav Resident of Village - Bathwaria, P.s.- Chautarwa (Bathwaria), Distt.- West Champaran.
... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance : (In CRIMINAL MISCELLANEOUS No. 28222 of 2021) For the Petitioner/s : Mr.Mritunjay Kumar Sinha Mr. Dhirendra Nath Jha For the Opposite Party/s : Mrs.Pushpa Sinha (In CRIMINAL MISCELLANEOUS No. 7992 of 2022) For the Petitioner/s : Mr.Mritunjay Kumar Sinha For the Opposite Party/s : Mr.Ashok Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER
7 29-03-2022 Heard the parties.
Petitioners seek regular bail in connection with Chautarwa ( Bathwaria ) PS Case No. 333 of 2020 registered under Sections 302 , 201 / 34 of the I.P.C.
Since both the aforesaid bail applications arise out of
Patna High Court CR. MISC. No.28222 of 2021(7) dt.29-03-2022 2/4
the same Chautarwa ( Bathwaria ) PS Case No. 333 of 2020 as such, both the petitions were taken up together and are being disposed of by this common order.
Allegation in nutshell is that the daughter of the informant was married to the petitioner - Ranjeet Yadav (Cr. Misc. No. 28222 / 2021 ) and on 22 / 08 / 2020 in the night the informant received information that all the named accused persons killed the daughter of the informant and has concealed the dead body.
Learned counsel for the petitioners submits that petitioner - Ranjeet Yadav (Cr. Misc. No. 28222 / 2021 ) is the husband of the deceased and petitioner / Jeetan Yadav (Cr. Misc. No. 7992 / 2022 ) is the father-in-law of the deceased. He next submits that marriage of the petitioner / Ranjeet Yadav with the deceased was solemnized in the year 2015 and from perusal of the First Information Report it would be evident that there is no allegation of demand of dowry against the petitioners. He next submits that marriage between the deceased and the petitionerRanjeet Yadav was a love marriage and both were living happily as husband and wife and out of the wedlock two children have born. Learned counsel also submits that the fact of the matter is that the deceased died of snake bite and the petitioner- Jeetan
Patna High Court CR. MISC. No.28222 of 2021(7) dt.29-03-2022 3/4
Yadav had taken her to “ Ojha” where she died and her dead body was cremated near a river.
On the other hand, learned counsel for the State referring to the case diary submits that during the course of investigation some of the witnesses have stated that there was demand of dowry also and it is a fact that in clarificatory statement the petitioner – Ranjeet Yadav has stated that his wife has died of snake bite. Petitioners are in custody since 6-102020 and 25 / 09 / 2021 and entire family members have been made accused in this case.
Regard being had to the submissions made by the parties and taking into consideration the materials available on record, the fact that there is no allegation against the petitioners of demand of dowry, there was love marriage between deceased and the petitioner / Ranjeet Yadav, petitioners are in custody since 06-10-2020 and 25-09-2021 respectively, charge sheet has already been submitted and there is no likelihood that the petitioners will abscond or tamper with the evidence if released on bail, as such, I am inclined to grant regular bail to the petitioners.
Let the petitioners, above named, be released on regular bail on furnishing bail bond of Rs. 20000/- ( twenty
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thousand ) each with two sureties of the like amount each to the satisfaction of learned A.C.J.M. 1st Bagaha, West Champaran in connection with Chautarwa (Bathwaria) P.S Case No. 333 of 2020.
(Anil Kumar Sinha, J)
praful/-
U T
3 issues framed by the court
Whether regular bail should be granted to the husband and father-in-law of the deceased accused in a murder case.
Whether the lack of dowry demand allegation in the FIR justifies granting bail in a murder case.
Whether the petitioners are likely to abscond or tamper with evidence if released on bail.
Ranjeet Yadav
Jeetan Yadav
The State of Bihar
Anil Kumar Sinha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
