Krishna Yadav And ORS v. The State Of Bihar
Patna High Court Cr.Misc. No.19025 of 2015 (2) dt.25-06-2015
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.19025 of 2015 Arising Out of PS.Case No. -331 Year- 2014 Thana -AKBARPUR District- NAWADA ======================================================
1. Krishna Yadav Son of Late Ram Lal Yadav
2. Usha Devi Wife of Sri Krishna yadav
3. Anil Yadav Son of Late ram Lal Yadav
4. Rita Devi Wife of Sri Anil Yadav
5. Vilsi Devi Wife of Late Ram Lal Yadav All Resident of Village- Mahuli, P.S.- Akbarpur, District- Nawadah.
.... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Arjun Prasad For the Opposite Party/s : Mr. Ram Bachan Singh (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 25-06-2015 Heard learned counsel for the petitioners and learned Additional Public Prosecutor appearing on behalf of the State. This is an application seeking anticipatory bail in a case registered for the offences punishable under Sections 328, 302/34 of the Indian Penal Code.
The petitioners are in-laws of the deceased. The husband of the deceased has not been made an accused. Allegedly, petitioner's sister was married to one Ravindra Yadav @ Nepali Yadav nearly nine years before institution of the First Information Report. Allegedly, the petitioners made demand of dowry and tortured the deceased for non-fulfillment of the said
Patna High Court Cr.Misc. No.19025 of 2015 (2) dt.25-06-2015 demand. It has been alleged that the informant learnt that her sister Rubi Devi was killed by the named accused persons by administering poison.
Learned counsel for the petitioners submits that no concrete basis has been disclosed in the First Information Report which made the petitioner to believe that poison was administered, leading to the death of the deceased. He has further submitted that only with a view to harassthese petitioners, a false case has been instituted.
On perusal of the First Information Report, I find that no basis has been disclosed to say that the petitioners had administered poison.
In the facts and circumstances of the case, let petitioners above named, in the event of their arrest/surrender within four weeks from today, in the Court below 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 the learned Chief Judicial Magistrate, Nawadah in Akbarpur Police Station Case No. 331 of 2014, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Chakradhari Sharan Singh, J) ArunKumar/- U