The Patna High Court granted regular bail to the petitioner, an accused in a dowry death case, directing him to furnish a bond of Rs. 20,000 with two sureties of the same amount.
Petitioner is enlarged on bail by furnishing a bond of Rs. 20,000 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.20797 of 2024
Arising Out of PS. Case No.-76 Year-2023 Thana- KADIRGANJ District- Patna
======================================================
Chandan Kumar S/o Munarik Yadav @ Lallu Yadav R/o Vill - Daulatpur, P.S. - Kadirganj, District - Patna
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr.Brijmohan Das For the Opposite Party/s : Mr.Tarkeshwar Nath Thakur ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH
ORAL ORDER
Heard learned counsel for the petitioner and learned A.P.P for the State.
2 . The petitioner has preferred this application for grant of regular bail in connection with Kadirganj P.S. Case No. 76 of 2023 dated 31.05.2023 registered for the offences punishable u/s 304B, 328 read with section 34 of the Indian Penal Code.
3 . As per the prosecution case, the petitioner and the co-accused person are alleged to have kill the informant’s daughter by administering poison to her due to non-fulfillment of demand of Rs. 1,50,000/- as dowry.
Patna High Court CR. MISC. No.20797 of 2024(4) dt.05-07-2024 2/3
4 . Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. The petitioner is Bhaisur of the deceased and he has no concern with the family affairs of the deceased. The petitioner neither demanded any dowry nor tortured the informant’s daughter. It is further submitted that petitioner has no concern with the alleged offence. Similarly situated coaccused has already been granted bail by the co-ordinate bench of this court vide order dated 30.04.2024 passed in Cr. Misc. No. 30261 of 2024. The petitioner has three criminal antecedents as stated in para 3 of the bail petition. The petitioner is in custody since 16.09.2023.
5 . Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.
6 . Considering the aforesaid facts and circumstances of the case as well as the nature of allegation levelled against the petitioner and the period of custody, the petitioner above-named, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Masaurhi in connection with Kadirganj P.S. Case No. 76 of 2023.
Patna High Court CR. MISC. No.20797 of 2024(4) dt.05-07-2024 3/3
7 . The application stands allowed.
(Chandra Prakash Singh, J)
Jyoti/-
U T
2 issues framed by the court
Whether the petitioner should be granted regular bail in a case alleging dowry death under Sections 304B and 328 IPC.
Whether the petitioner's three prior criminal antecedents are sufficient grounds to deny bail.
Colour shows how this judgement treated each authority
Co-ordinate bench of Patna High CourtReferred¶4
Cr. Misc. No. 30261 of 2024
Chandan Kumar S/o Munarik Yadav @ Lallu Yadav
The State of Bihar
Chandra Prakash Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
