Ramadhar Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.38652 of 2015 Arising Out of PS.Case No. -119 Year- 2014 Thana -PALIGANJ District- PATNA ======================================================
1. Ramadhar Yadav Son of Ram Janam Yadav Resident of Village Pareyachak, P.s Paliganj District Patna.
.... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Dharmendra Kumar, Advocate For the Opposite Party/s : Mr. Nagendra Pd.(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 30-09-2015 Heard learned counsel for the petitioner and the State.
Petitioner is apprehending his arrest in a case registered for the offences punishable under Sections 304B, 201, 120B/34 of the Indian Penal Code.
The prosecution case is of killing the sister of the informant after five years of marriage for non-fulfillment of dowry demand.
It is submitted by the learned counsel for the petitioner that petitioner was married with the victim about 17 years prior to the death of the victim. The informant has retracted from the initial version and filed a petition to that effect before learned court below. It is also stated by the informant that under mis-conception he has lodged the present case. It is further submitted that the marriage of the petitioner
Patna High Court Cr.Misc. No.38652 of 2015 (2) dt.30-09-2015 with victim girl was performed about 17-18 years prior to the death of the victim. Hence, the case does not come within the purview of section 304B of the Indian Penal Code. Let the learned court below consider the prayer for regular bail of the petitioner, if the petitioner surrenders before the learned court below within a period of six weeks from today in connection with Paliganj P.S. Case No. 119 of 2014, pending in the court of learned Sub-Divisional Judicial Magistrate, Danapur.
With the above observation this application is disposed of.
(Dinesh Kumar Singh, J) P.K./- U T