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HIGH COURT OF PATNA
Mr. Justice Anil Kumar Sinha
RAMADHIN YADAV @ RAMDIN YADAV – Appellant
Versus
THE STATE OF BIHAR – Respondent
/35831/2021
DOWRY DEATH - BAIL - SECTION 304B IPC - CO-OPERATION IN DISPOSING DEAD BODY - NO ALLEGATION OF TORTURE OR DEMAND OF DOWRY - BAIL GRANTED
Fact of the Case:
Petitioner seeks regular bail in connection with a case registered for the offence punishable under Sections 304B/201/34 of the IPC. The victim was the sister-in-law of the informant, and her husband had been demanding a motorcycle as dowry. Due to non-fulfillment of the demand, the accused persons killed the victim and tried to burn the dead body with the help of the petitioner and others.
Finding of the Court:
The court found that there was no allegation against the petitioner of torture or demand of dowry from the victim and her family members. The only allegation against the petitioner was that he cooperated with the accused persons in disposing of the dead body of the deceased.
Issues: Whether the petitioner should be granted bail in the given circumstances.
Ratio Decidendi: The court considered the submissions made by the parties, the material on record, the nature of the allegation, the fact that the petitioner had been in custody since 22.01.2021, and the fact that the charge-sheet had already been submitted in the matter. The court found that the petitioner was entitled to bail.
Final Decision: The court granted regular bail to the petitioner on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Madhubani.
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.35831 of 2021
Arising Out of PS. Case No.-476 Year-2019 Thana- JAYNAGAR District- Madhubani
======================================================
RAMADHIN YADAV @ RAMDIN YADAV Son of Late Sarjoo Yadav R/O
Village Dholi Tole, P.S. Jainagar, District - Madhubani.
... ... Petitioner/s
Versus
THE STATE OF BIHAR
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s
:
Mr. Suraj Narayan Yadav,
Mr. Masoom Alam, Advocates
For the Opposite Party/s :
Mr. Nitya Nand Tiwary, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA
ORAL ORDER
2
05-01-2022
Heard Mr. Suraj Narayan Yadav, learned counsel for
the petitioner and Mr. Nitya Nand Tiwary, Additional Public
Prosecutor for the State through video conferencing.
Petitioner seeks regular bail in connection with
Jainagar PS Case No. 776/2019 registered for the offence
punishable under Sections 304B/201/34 of the IPC.
Marriage of sister-in-law of informant was
solemnized with co-accused, Rakesh Yadav about two years ago
and after some time, the husband of the victim started
demanding motorcycle as dowry and due to non fulfillment of
the demand, the accused persons killed the sister-in-law of the
informant and tried to burn the dead body with the help of the
petitioner and others.
Learned counsel for the petitioner submits that there is
no allegation against the petitioner of torture and demand of
dowry from the victim and her family members. Petitioner
happens to be father-in-law of elder brother-in-law (Bhainsur)
Patna High Court CR. MISC. No.35831 of 2021(2) dt.05-01-2022
2/2
of victim. He further submits that the only allegation against the
petitioner is that he co-operated the accused persons in
disposing the dead body of the deceased. Learned counsel next
submits that petitioner is in custody since 22.01.2021 and he
resides in different village.
Regards being had to the submissions made by the
parties and taking into consideration the material on record and
the nature of allegation and the fact that petitioner is in custody
since 22.01.2021 and the charge-sheet has already been
submitted in the matter, I am inclined to grant regular bail to the
petitioner.
Accordingly, let the petitioner, RAMADHIN YADAV
@ RAMDIN YADAV be released on bail on furnishing bail
bond of Rs. 10,000/- (Ten Thousand) with two sureties of the
like amount each to the satisfaction of learned Chief Judicial
Magistrate, Madhubani in connection with Jainagar PS Case No.
476/2019 corresponding to CRI No. 1790/2019.
perwez
(Anil Kumar Sinha, J)
U
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