Allowed¶22

Abdul Wadood @ Abdul Badud v. The State of Bihar

Patna HC28 Apr 2025CR. MISC./5053/2025

Case brief

AI extract

What is this about?

Patna High Court bail order dated 28-04-2025; Cr. Misc. No. 5053 of 2025; petitioner Abdul Wadood @ Abdul Badud; Baunsi P.S. Case No. 54 of 2024, District Araria; IPC Sections 304B, 302/34 (institution) and Sections 306/34 (charge-sheet); dowry-death and suicide-instigation allegations; implication via CDR during investigation; death by hanging (ligature mark, asphyxia per post-mortem); custody since 29.10.2024; no criminal antecedent; bail granted - bail bonds Rs. 10,000/- with two sureties of like amount; Judge: Rudra Prakash Mishra.

What did the court decide?

Release on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each, to the satisfaction of the Court below/concerned Court, in connection with Baunsi P.S. Case No. 54 of 2024. ¶22

Abdul Wadood @ Abdul Badud Vs The State of Bihar — Patna HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

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Issue for consideration

Whether cogent material exists proving that the petitioner instigated the deceased to commit suicide, so as to attract Sections 306/34 IPC against him. +1 more

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Court's answer

The Court found no cogent material to prove that the petitioner instigated the deceased to commit suicide.

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Ratio / Principle

Taking into account the facts and circumstances, including the period of custody undergone by the petitioner, the Court was inclined to grant bail.

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Key takeaways

The petitioner was ordered to be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each, to the satisfaction of the Court below/concerned Court, in connection with Baunsi P.S. Case No. 54 of 2024.ratio¶22

Detailed headnote1 paragraphs

ORAL ORDER - BAIL GRANTED. High Court of Judicature at Patna, Cr. Misc. No. 5053 of 2025 (order dated 28-04-2025), Hon'ble Mr. Justice Rudra Prakash Mishra. Abdul Wadood @ Abdul Badud sought bail in connection with Baunsi P.S. Case No. 54 of 2024 (District Araria), instituted for offences under Sections 304B, 302/34 IPC; prosecution alleges he, along with other accused, tortured and killed the deceased for non-fulfilment of a dowry demand. Counsel (Mr. N.K. Agrawal, Sr. Advocate) submitted: petitioner not named in the F.I.R.; his name transpired during investigation on the basis of CDR; he is not a family member of the in-laws of the deceased; no specific overt act is alleged; police charge-sheeted him under Sections 306/34 IPC; the deceased committed suicide when her alleged illicit relationship with the petitioner was exposed, and he never instigated her, so Sections 306/34 IPC were not attracted; per post-mortem, except a ligature mark on the neck, no external injury was found, death being caused by asphyxia due to hanging; petitioner is separate in mess and business; in custody since 29.10.2024 with no criminal antecedent. Learned APP opposed the bail prayer. Considering that there was no cogent material to prove that the petitioner instigated the deceased to commit suicide, and the period of custody undergone, the Court granted bail: bonds of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each, to the satisfaction of the Court below/concerned Court.

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.5053 of 2025

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Arising Out of PS. Case No.-54 Year-2024 Thana- BAUNSI District- Araria

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

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Abdul Wadood @ Abdul Badud Son of Md. Jalal Resident of Village - Surhaghat, Dimia, P.S. - Jalalgarh, District - Purnea

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... ... Petitioner/s

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Versus

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The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. N.K. Agrawal, Sr. Advocate : Dr. Bidhu Ranjan, Advocate : Ms. Diksha Kumar, Advocate : Mr. Kumar Rajdeep, Advocate For the Opposite Party/s : Mr. Ram Priya Sharan Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA

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... ... Opposite Party/s

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ORAL ORDER

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3 28-04-2025

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Heard learned counsel for the petitioner and learned APP for the State.

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The petitioner seeks bail in connection with Baunsi P.S. Case No. 54 of 2024 instituted for the offences under Sections 304B, 302/34 of the Indian Penal Code.

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Prosecution case, in short, is that the petitioner alongwith other accused persons, tortured and killed the deceased for the non-fulfillment of demand of dowry.

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Learned counsel for the petitioner submitted that the petitioner has falsely been implicated in the present case. Petitioner is not named in the F.I.R. The name of the petitioner transpired in this case during investigation on the basis of CDR.

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Patna High Court CR. MISC. No.5053 of 2025(3) dt.28-04-2025 2/3

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Learned counsel further submitted that petitioner is not the family member of the in-laws of the deceased. No specific overt act is alleged against the petitioner. Learned counsel further submitted that, police, after investigation submitted charge-sheet against the petitioner under Sections 306/34 of the I.P.C. Learned counsel further submitted that, as a matter of fact, the deceased herself committed suicide when her illicit relationship with the petitioner was exposed to her husband and other family members. Learned counsel further submitted that as per material available in the case diary, the deceased was in touch with the petitioner which is evident from the Call Detail Records but he never instigated the deceased to commit suicide and therefore, Section 306/34 of the IPC is not attracted against him. Learned counsel further submitted that as per post-mortem report, except ligature mark on the neck of the deceased, no external injury was found and the death of the deceased was caused as a result of asphyxia due to hanging. Learned counsel further submitted that petitioner is separate in mess and business and has got no concern in the family affairs of the deceased and her husband. It has been submitted on behalf of the petitioner that the petitioner is in custody since 29.10.2024 and has no criminal antecedent.

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Learned A.P.P. for the State has vehemently

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Patna High Court CR. MISC. No.5053 of 2025(3) dt.28-04-2025 3/3

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opposed the prayer for grant of bail to the petitioner.

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Considering the aforesaid facts and circumstances

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of the case, there being no cogent material to prove that this petitioner instigated the deceased to commit suicide as also the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner.

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Let the petitioner be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Baunsi P.S. Case No. 54 of 2024.

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(Rudra Prakash Mishra, J)

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Alok Verma/-

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U T

Abdul Wadood @ Abdul Badud v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Abdul Wadood @ Abdul Badud v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

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Parties & counsel

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