Damanti Devi And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.9620 of 2016 Arising Out of PS.Case No. -155 Year- 2015 Thana -KURTHA District- JEHANABAD ======================================================
1. Damanti Devi,Wife of Dalkeshwar Yadav.
2. Yogendra Yadav.
3. Sudama Yadav.
4. Ram Dayal Yadav.
Petitioners No. 2, 3 and 4 are sons of Dalkeshwar Yadav.
5. Dalkeshwar Yadav, son of Late Bhawani Yadav. All are resident of village- Devabigha, P.S.- Kurtha, District- Arwal. .... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr.
For the Opposite Party/s : Mr.
====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER -------------- 11-04-2016 Learned counsel for the petitioners appears and submits that the petitioner no.2, Yogendra Yadav, has already been arrested and seeks permission to withdraw this application in respect of the petitioner no.2.
In that view of the matter, this application in respect of the petitioner no.2, abovenamed, is dismissed as withdrawn. Now, the prayer of the petitioner nos.1, 3, 4 and 5 for grant of anticipatory bail is being considered. Heard learned counsel for the petitioner nos.1, 3, 4 and 5 and the learned A.P.P. for the State.
Patna High Court Cr.Misc. No.9620 of 2016 (2) dt.11-04-2016 2/3 The petitioner nos.1, 3, 4 and 5 apprehend their arrest in connection with Kurtha (Manikpur) P.S. Case No.155 of 2015 registered under Sections 304(B) and 201/34 of the Indian Penal Code.
The accusation is of demanding the motorcycle in dowry by the husband of the daughter of the informant and killing the daughter of the informant by her husband and other in-laws for non fulfillment of the same and disposing of her dead body without giving information to the informant and his relatives. Learned counsel appearing on behalf of the petitioner nos.1, 3, 4 and 5 submits that the petitioner no.1 is the mother-inlaw and petitioner no.5 is father-in-law whereas petitioner nos.3 and 4 are brothers-in-law of the daughter of the informant and have falsely been implicated in this case. Moreover, the specific allegation of making demand of dowry and torturing the daughter of the informant for the same is against the husband of the daughter of the informant, who is already in custody.
Further submission is that the informant has also filed a petition in the court below about lodging of the present case due to misunderstanding while his daughter died of stomach pain. Having considered the facts and the circumstances of the case, let the petitioner nos.
Patna High Court Cr.Misc. No.9620 of 2016 (2) dt.11-04-2016 3/3 of their arrest or surrender within six weeks from today, be enlarged on bail on their furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Arwal, in connection with Kurtha (Manikpur) P.S. Case No.155 of 2015, subject to the conditions laid down under Section 438(2) Cr. P.C. (Rajendra Kumar Mishra, J) P.S./- U T