Yogendra Thakur @ Joginder Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.66590 of 2024 Arising Out of PS. Case No.-151 Year-2024 Thana- PANAPUR District- Saran ====================================================== Yogendra Thakur @ Joginder Kumar S/O Late Hulas Thakur Resident of village- Bhoraha, P.S- Panapur, Distt.- Saran ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Mukesh Kumar Singh, Adv.
For the Opposite Party/s :
Mr.Anish Chandra, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 08-10-2024 Heard Mr. Mukesh Kumar Singh, learned counsel for the petitioner and Mr. Anish Chandra, learned APP for the State.
2. The petitioner apprehends his arrest in connection with Panapur P.S. Case No. 151/ 2024 dated 05.05.2024 registered for the offence(s) punishable under Section(s) 304B read with section 34 of the Indian Penal Code .
3. The main submissions advanced by learned counsel for the petitioner are that the instant matter relates to the unnatural death of the daughter of the informant, no doubt, the deceased died in the house of the petitioner but in actual, she committed suicide and as per her postmortem report, cause of death has been opined to be asphyxia due to hanging and on the body of the deceased no mark of violence or any minor injury other than ligature mark on her neck was found which also
Patna High Court CR. MISC. No.66590 of 2024(2) dt.08-10-2024 2/3 suggests that the deceased committed suicide by hanging herself. It is further submitted that as per the F.I.R., a demand of a 'Bolero' vehicle was being made from the deceased but the said allegation is not specific against this petitioner and in this regard, informant made vague allegation and further, the husband of the deceased is presently in judicial custody and the marriage of the deceased took place in the year 2018 with the son of this petitioner and between 2018 till the victim's death no kind of complaint regarding mis-behaviour or demand of dowry from the victim by the petitioner and his family members was made at any forum. It is further submitted that petitioner is 68 years old.
4. Learned APP appearing for the State has opposed the bail prayer of the petitioner.
5. Considering the facts and circumstances of this case as well as the above submissions and mainly the facts that as per postmortem report cause of death of the deceased has been opined to be asphyxia due to hanging and on the body of the deceased no any kind of injury either minor or major except a ligature mark on her neck was found and in the F.I.R. there is no specific allegation against this petitioner and allegation of demand of a 'Bolero' vehicle is not specific against this
Patna High Court CR. MISC. No.66590 of 2024(2) dt.08-10-2024 3/3 petitioner coupled with the fact that petitioner is 68 years old, in my opinion, in the said circumstances, the petitioner deserves to the privilege of anticipatory bail. Accordingly, let the petitioner named-above, in the event of his arrest/surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail in connection with Panapur P.S. Case No. 151/ 2024 on furnishing bail bond of Rs. 20,000/-(Twenty Thousand) with two sureties of the like amount each to the satisfaction of the Court concerned, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Shailendra Singh, J) BKS/- U T