Allowed

Babulal Yadav v. The State of Bihar

Patna HC10 Apr 2023CR. MISC./3762/2023

Case brief

AI extract

What is this about?

The Patna High Court granted anticipatory bail to three petitioners accused of dowry death under Section 304(B) IPC and the Dowry Prohibition Act, conditionally releasing them upon arrest or surrender within six weeks by furnishing a bail bond with sureties.

What did the court decide?

Release on anticipatory bail within six weeks on furnishing bond of Rs. 25,000 each with two sureties of like amount.

Babulal Yadav Vs The State of Bihar — Dowry and Cruelty | Patna HC (2023)

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.3762 of 2023

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Arising Out of PS. Case No.-11 Year-2022 Thana- PARBATTA District- Khagaria

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BABULAL YADAV S/o Bhelal Yadav R/o Village- Kanhaichak, P.S.Parbatta, Distt- Khagaria.

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Mukesh Kumar Yadav @ Mukesh Yadav S/o Babulal Yadav R/o VillageKanhaichak, P.S.- Parbatta, Distt- Khagaria.

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Manjula Devi W/o Mukesh Kumar Yadav R/o Village- Kanhaichak, P.S.Parbatta, Distt- Khagaria.

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

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Appearance :

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For the Petitioner/s : Mr.Chandan Kumar Kashyap, Adv. For the Opposite Party/s : Mr.Md. Aslam Ansari, APP

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CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER

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3 10-04-2023 Heard the parties.

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A supplementary affidavit has been filed in this case.

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The same is taken and kept on record.

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The petitioners apprehend their arrest in a case registered

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for the offence punishable u/s 304(B)/34 of the IPC and ¾ of the Dowry Prohibition Act.

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As per the prosecution case, the daughter of the informant has been continuously tortured and ultimately killed by her matrimonial family including the petitioners due to nonfulfillment of demand of dowry.

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It is submitted by learned counsel for the petitioners that petitioners are quite innocent and have committed no offence.

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Patna High Court CR. MISC. No.3762 of 2023(3) dt.10-04-2023 2/2

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They have been falsely implicated in this case due to grudge. No such occurrence, in the manner as alleged, has ever taken place. The allegation leveled against the petitioners is not specific rather general and omnibus in nature. It is submitted that after investigation, police filed the final form against the petitioners but the learned Court below, differing with the final form, took cognizance against the petitioners. Petitioners are the in-laws of the deceased. Petitioners have no criminal antecedent.

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Learned APP for the State opposed the prayer for bail.

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Having regard to the facts and circumstances of the case, let the above named petitioners, be released on bail, in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/Successor Court in connection with Parbatta P.S. Case No.11 of 2022, G.R. No.64/2022, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

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(Anjani Kumar Sharan, J)

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pallavi/-

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U T

Babulal Yadav v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Babulal Yadav v. The State of Bihar

Case brief

What is this about?

What did the court decide?

What the court decided

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