Shakal Yadav And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.30217 of 2015 Arising Out of PS.Case No. -155 Year- 2014 Thana -RAJAULI District- NAWADA ======================================================

1. Shakal Yadav S/o Karu Yadav

2. Phulwa Devi, W/o Karu Yadav,

3. Karu Yadav, S/o Late Jeewal Yadav, All resident of village - Gagan Khurd, P.S. - Rajauli, District - Nawada.

.... .... Petitioner/s

Versus

1. The State of Bihar .... .... Opposite Party/s ====================================================== with Criminal Miscellaneous No.35229 of 2015 Arising Out of PS.Case No. -155 Year- 2014 Thana -RAJAULI District- NAWADA ======================================================

1. Musafir Yadav @ Mosafir Yadav Son of Karu Yadav Resident of Village- Gagan P.s Rajauli, District- Nawada. .... .... Petitioner/s

Versus

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

(In Cr.Misc. No.30217 of 2015) For the Petitioner/s : Mr. Devendra Prasad Singh For the Opposite Party/s : Mr. Tapeshwar Sharma(App) (In Cr.Misc. No.35229 of 2015) For the Petitioner/s : Mr. Devendra Prasad Singh For the Opposite Party/s : Mr. S.D.Singh Yadav(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 27-10-2015 Both the above stated petitions have arisen out of

Patna High Court Cr.Misc. No.30217 of 2015 (3) dt.27-10-2015 2/3 Rajauli P.S. Case No. 155 of 2014 registered for the offences punishable under Sections, 304B, 201/34 of the Indian Penal Code and accordingly, both the above stated petitions are being disposed of by this common order.

Heard learned counsel for the petitioners as well as learned Additional Public Prosecutor for the State. Petitioners in Cr. Misc. No. 30217 of 2015 are in laws whereas petitioner in Cr. Misc. No. 35229 of 2015 is husband of the deceased.

In written report of the informant even there is no whisper of illegal demand as well as torturing of the deceased but even then police registered the case under Sections 304B, 201/34 of the Indian Penal Code. Moreover, learned counsel for the petitioners points out that deceased died of her natural death but due to some misunderstanding informant lodged this case and when the informant learnt the real fact, he compromised the case with the petitioners.

Considering the aforesaid facts and circumstances as well as submissions of the parties, particularly, taking note of this fact that deceased spent near about five years in her matrimonial home and prior to institution of the present case neither deceased nor informant made any complain regarding ill-treatment towards

Patna High Court Cr.Misc. No.30217 of 2015 (3) dt.27-10-2015 3/3 the deceased, let the petitioners, above named, be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Nawada in connection with Rajauli P.S. Case No. 155 of 2014.

(Hemant Kumar Srivastava, J) SHAHZAD/- U T