Rameshwar Yadav And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.5071 of 2019 Arising Out of PS. Case No.-304 Year-2018 Thana- BELAGANJ District- Gaya ======================================================

1. Rameshwar Yadav, age 57 years (M), Son of Sri Yadav,

2. Kapil Devi, aged 46 (F), Wife of Rameshwar Yadav, Both Resident of Village- Ghasi Bigha, P.S.- Belagang, District - Gaya ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ajay Kumar Sinha For the Opposite Party/s :

Mr.Dinesh Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 30-01-2019 Heard learned counsels for the petitioners and the State.

The petitioners being the parents of the husband of the victim are apprehending arrest in a case registered for the offences punishable under Sections 304B/34 of the IPC. The prosecution case, as per the written report of Ganesh Kumar, dated 09.10.2018, submitted to the Station House Officer, Belaganj Police Station, is to the effect that the sister of the informant, Sheela Devi was married with son of the petitioners, namely, Munna Kumar, in the year 2012, but after the marriage, the torture was inflicted upon the sister of the informant for non-fulfillment of further dowry demand. On 08.10.2018, the husband of the victim called the informant that

Patna High Court Cr.Misc. No.5071 of 2019(2) dt.30-01-2019 2/3 his sister has consumed poison, hence he disposed of her dead body. Thereafter, the informant reached to matrimonial house of his sister where he was conveyed that on 07.10.2018 his sister was screaming in the house and thereafter all the accused persons took the dead body of the victim in a car. It is submitted by learned counsel for the petitioners that the accusation against the petitioners is omnibus and general. Thrust of accusation is against the husband of the victim and the petitioners claim to be separate from the husband of the victim, who is in custody.

Learned APP submits that sister of the informant was killed and her dead body was disposed of by all the accused persons including the petitioners.

Considering the fact that the thrust of accusation is against the husband of the victim and the accusation against the petitioners is omnibus and general, coupled with the statement made in paragraph no.3 of the petition that the petitioners are not having any criminal antecedent, let the above named petitioner be released on anticipatory bail in the event of arrest/surrender before the learned Court below within a period of twelve weeks from today, on furnishing bail bonds of Rs. 10,000/- (ten thousand) each with two sureties of like amount

Patna High Court Cr.Misc. No.5071 of 2019(2) dt.30-01-2019 3/3 each to the satisfaction of learned ACJM-XI, Gaya in connection with Belaganj P.S. Case No. 304 of 2018, subject to the condition as laid down under Section 438(2) of the Cr. P.C. (Dinesh Kumar Singh, J) Amrendra/- U T