In an anticipatory bail petition, the Patna High Court granted bail to the petitioner apprehending arrest in a dowry death case, allowing surrender within six weeks.
Bail enlarged on furnishing a bond of Rs.10,000/ with two sureties of the like amount, subject to conditions of Section 438(2) CrPC.
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.3589 of 2023
Arising Out of PS. Case No.-119 Year-2022 Thana- PANDARAK District- Patna
======================================================
ANIL YADAV S/o Sri Ghutar Yadav R/o Village- Mirachak, P.S.- Pandarak, Distt- Patna.
... ... Petitioner
Versus
The State of Bihar
... ... Opposite Party
====================================================== Appearance : For the Petitioner/s : Mr.Kumar Manglam, Advocate For the Opposite Party/s : Mr.Md. Ataur Rahman, Addl Public Prosecutor ======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER
3 05-07-2023 Heard learned counsel for the petitioner and the State.
Petitioner apprehends arrest in a case registered for the offence punishable under sections 304B/34 of the Indian Penal Code.
It is a case of dowry death.
Learned counsel appearing for the petitioner submits that there is general and omnibus allegation against this petitioner and no specific overt act has been alleged against him, who happen to be Dewar of the deceased. Moreover, petitioner is separate in mess and business. Thrust of allegation is against the husband of the deceased who is already in custody.
Considering the aforesaid facts and circumstances of the case, in the event of arrest or surrender within six weeks from today, let these petitioners, as named above, be enlarged on bail on furnishing bail bond of Rs.10,000/-(ten thousand) each
Patna High Court CR. MISC. No.3589 of 2023(3) dt.05-07-2023 2/2
with two sureties of the like amount each to the satisfaction of the Additional Chief Judicial Magistrate I, Barh, Patna in Pandarak Police Station Case No. 119 of 2022, subject to the conditions laid down under section 438(2) of the Code of Criminal Procedure.
(Prabhat Kumar Singh, J)
Shashi
U T
1 issue framed by the court
Whether the petitioner is entitled to anticipatory bail apprehending arrest in a dowry death case punishable under IPC sections 304B/34.
2 provisions across 2 enactments
Anil 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
