Surendra Yadav And ANR. v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.33208 of 2015 Arising Out of PS.Case No. -178 Year- 2007 Thana -BELHAR District- BANKA ======================================================

1. Surendra Yadav

2. Birendra @ Buno Yadav @ Birendra Yadav Both Sons of Mahendra Yadav Resident of Village - Bela, P.S. Belhar, District - Banka .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Pravina Kumari For the Opposite Party/s : Mr. Ahmad Ali (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 18-08-2015 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State. Petitioner no. 1 happens to be husband whereas petitioner no. 2 is Dewar of the deceased.

Admittedly, the marriage of deceased was solemnized with the petitioner no.1 in the year 2001 and she died in the year 2007 meaning thereby deceased spent near about six years at her matrimonial home and during the aforesaid period, she gave birth to two children out of her wedlock. Moreover, it would appear from perusal of the impugned order that the police after due investigation found accusation untrue and submitted final form but court below differed with the findings of the police and took

Patna High Court Cr.Misc. No.33208 of 2015 (2) dt.18-08-2015 2/2 cognizance of the offence under Sections 498A/304B/201/34 IPC against the accused persons including the petitioners. Accordingly, let the petitioners, above named, be released on bail on furnishing bail bonds of Rs. 10,000/- each with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Banka in connection with Belhar P.S.Case No. 178 of 2007.

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