Arvind Yadav And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.715 of 2015 Arising Out of PS.Case No. -155 Year- 2014 Thana -DEEPNAGAR District- NALANDA (BIHARSHARIFF) ======================================================

1. Arvind Yadav son of Late Bhikhari Yadav,

2. Pappu Yadav son of Sri Arvind Yadav, Both are resident of Village - Sakraul, P.S. - Deepnagar, District - Nalanda. .... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Nilesh Kumar, Advocate. For the Opposite Party/s : Mr. Nityanand(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 02-02-2015 The petitioner no. 1 Arvind Yadav has already been taken into custody. Shri Ajay Thakur, learned counsel for the petitioners submits that prayer for anticipatory bail of petitioner no. 1 has become infructuous. Accordingly, the same is dismissed as has become infructuous.

Heard both sides.

The petitioner no. 2 namely, Pappu Yadav apprehends his arrest in Deepnagar P.S. Case No. 155 of 2014, registered for the offences punishable under Section 304B and other Sections of the Indian Penal Code and Sections 3/4 of the Dowry Prohibition Act. The informant, father of the deceased alleged that his daughter Chanchala Kumari was married to Upendra Yadav, but sometimes after the marriage the accused persons began to demand

Patna High Court Cr.Misc. No.715 of 2015 (3) dt.02-02-2015 additional dowry and the accused persons killed his daughter. Learned counsel for the petitioner submits that from perusal of the FIR itself, it would appear that petitioner Pappu Yadav is the cousin of the husband of the deceased. There is no specific allegation against the petitioner about demand of dowry and torture. The petitioner was seen while participating in the cremation of the dead body, hence, at best the offence under Section 201 of the Indian Penal Code is made out. The mother-in-law of the deceased has already been granted anticipatory bail.

It appears that the petitioner is cousin of the husband of the deceased. The informant has not made any specific allegation of demand of dowry and torture against the petitioner. Considering the facts aforesaid the petitioner no. 2 namely, Pappu Yadav, in the event of his arrest or surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order, is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Nalanda at Biharsharif in connection with Deepnagar P.S. Case No. 155 of 2014, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Prabhat Kumar Jha, J.) KKSINHA/- U T