Jagat Yadav @ Ram Jattan Yadav Vs The State of… — Murder and Culpable Homicide | Patna HC (2024)

Jagat Yadav @ Ram Jattan Yadav Vs The State of… — Murder and Culpable Homicide | Patna HC (2024)

What the court decided

AI extract

Outcome

Enlargement on bail (anticipatory bail) for all four petitioners in the event of arrest or surrender within six weeks, on a bail bond of Rs. 10,000/- each with two sureties of the like amount each, to the satisfaction of the learned CJM, Bhagalpur, in connection with Kahalgaon (Rasalpur) PS Case No. 1281 of 2023, subject to the conditions under section 438 CrPC.

Issue for consideration

Whether the petitioners (father-in-law, mother-in-law, married nanad and gotni of the deceased), who apprehend arrest in Kahalgaon PS Case No. 1281 of 2023 registered for dowry death under sections 147, 304(B) and 506 IPC, are entitled to be enlarged on bail in the event of arrest.

Court's answer

The petitioners are the father-in-law, mother-in-law, married nanad and gotni of the deceased; they are separate in mess and property, there is no specific allegation against them, they have no concern with the affairs of the couple, and the thrust of accusation is against the husband of the deceased who is already in custody.

Ratio / Principle

In the event of arrest or surrender within six weeks, the petitioners are to be enlarged on bail on furnishing a bail bond of Rs. 10,000/- each with two sureties of the like amount each, to the satisfaction of the learned CJM, Bhagalpur, in connection with Kahalgaon (Rasalpur) PS Case No. 1281 of 2023, subject to the conditions laid down under section 438 of the Code of Criminal Procedure.

Detailed headnote1 paragraphs

Criminal Miscellaneous No. 24261 of 2024 (Patna High Court, decided 21-06-2024, Prabhat Kumar Singh, J) — Anticipatory bail in a dowry death matter (Kahalgaon PS Case No. 1281 of 2023, District Bhagalpur; offences under sections 147, 304(B) and 506 IPC). The four petitioners are the father-in-law, mother-in-law, married nanad and gotni of the deceased. The Court noted that they are separate in mess and property, that there is no specific allegation against them, that they have no concern with the affairs of the couple, and that the thrust of accusation is against the husband of the deceased, who is already in custody. Allowing the prayer, the Court directed that, in the event of arrest or surrender within six weeks, the petitioners be enlarged on bail on a bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each, to the satisfaction of the learned CJM, Bhagalpur, subject to the conditions laid down under section 438 of the Code of Criminal Procedure.

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.24261 of 2024

Arising Out of PS. Case No.-1281 Year-2023 Thana- KAHALGAON District- Bhagalpur

======================================================

Jagat Yadav @ Ram Jattan Yadav S/o Singeshwar Yadav (Sasur), R/o Vill - Pankhoria, P.S. - Rasalpur (O.P.), Dist. - Bhagalpur

Nunila Devi @ Seema Devi @ Nulila Devi W/o Jagat Yadav @ Ram Jattan Yadav (mother-in-law) R/o Vill - Pankhoria, P.S. - Rasalpur (O.P.), Dist. - Bhagalpur

Ruby Devi W/o Chamak Lal Yadav (married Nanad), R/o Ajaiya, P.S. - Sanokhar, Dist. - Bhagalpur

Kiran Devi W/o Govind Yadav (Gotni), R/o Vill - Pankhoria, P.S. - Rasalpur (O.P.), Dist. - Bhagalpur

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

====================================================== Appearance : For the Petitioner/s : Mr. Subodh Prasad , Advocate For the Opposite Party/s : Mr. Chandra Sen Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER

3 21-06-2024

1 . Heard learned counsel for the petitioners and the

State.

Petitioners apprehend arrest in a case registered for

the offence punishable under sections 147, 304 (B) and 506 of the Indian Penal Code .

3 . It is a case of dowry death .

Petitioner No. 1 is father-in-law , petitioner No. 2 is

mother-in-law , petitioner No. 3 is married Nanad and petitioner No. 4 is gotni of the deceased. They are separate in mess and property. There is no specific allegation alleged against them

Patna High Court CR. MISC. No.24261 of 2024(3) dt.21-06-2024 2/2

and they no concern with the affairs of the couple. Thrust of accusation is against the husband of the deceased who is already in custody . Petitioners claim clean antecedent.

5 . Learned counsel for the State opposes the bail

petition .

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 with two sureties of the like amount each to the satisfaction of the learned CJM, Bhagalpur in connection with Kahalgaon ( Rasalpur ) P . S. Case No . 1281 of 2023 subject to the conditions laid down under section 438 of the Code of Criminal Procedure .

(Prabhat Kumar Singh, J)

Koushik/-