Gagandeo Yadav @ Gagandeo Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.17592 of 2021 Arising Out of PS. Case No.-337 Year-2020 Thana- BAJPATTI District- Sitamarhi ====================================================== 1.

GAGANDEO YADAV @ GAGANDEO RAI, Son of Late Jaldhari Rai Resident of Village - Nimahi, P.S.- Bajpatti, Distt.- Sitamarhi. 2.

Reena Devi W/o Gagandeo Yadav @ Gagandeo Rai Resident of Village - Nimahi, P.S.- Bajpatti, Distt.- Sitamarhi.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Madhubala Verma For the Opposite Party/s :

Mr. Shailendra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 11-01-2022 Heard Ms. Madhubala Verma, learned Advocate for the petitioners and Mr. Shailendra Kumar Singh, learned APP for the State.

The petitioners seek bail in anticipation of their arrest in connection with Bajpatti P. S. Case No. 337 of 2020, instituted for the offences under Sections 304(B) and 34 of the Indian Penal Code.

They are the parents of the deceased.

Though there is an accusation in the FIR of subjecting the deceased to cruelty and torture for nonfulfillment of additional demand of dowry and a

Patna High Court CR. MISC. No.17592 of 2021(2) dt.11-01-2022 2/3 motorcycle but the learned counsel for the petitioners has submitted that the accusation is absolutely general and omnibus in nature and false in the first instance. The deceased had been suffering from diarrhoea for which she was treated in a local hospital at Sitamarhi, from where she was referred to SKMCH, Muzaffarpur. On way, she died.

The prescription dated 21st of August 2021 has been brought on record in support of aforesaid contention.

The parents of the deceased were informed about this mishap but for reasons which are not known to the petitioners, the present case has been lodged even though the parents of the deceased had participated in the cremation and were aware of everything.

The husband of the deceased has been arrested today only.

Considering the afore-stated facts and taking

Patna High Court CR. MISC. No.17592 of 2021(2) dt.11-01-2022 3/3 into account their age, they, in the event of their arrest or surrender before the court below within a period of six weeks, are directed to be released on bail on their furnishing bail bonds in the sum of Rs. 10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned S.D.J.M., Pupri, District - Sitamarhi , in connection with Bajpatti P. S. Case No. 337 of 2020, subject to the conditions laid down under Section 438(2) of the Cr.P.C.

This petition stands allowed.

(Ashutosh Kumar, J) skm/- U T