Devraj Yadav And ORS v. State Of Bihar And ANR
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No. 17938 of 2016 Arising out of P.S. Case No. - 1635 Year - 2011 Thana - BHOJPUR COMPLAINT CASE District - BHOJPUR ======================================================
1. Devraj Yadav, Son of Hridya Nand Yadav
2. Satraj Yadav, Son of Hridya Nand Yadav
3. Sukhdev Kumar Yadav @ Sukhdev Yadav, Son of Hridya Nand Yadav
4. Hridya Nand Yadav, Son of Late Bhagelu Yadav
5. Jonhi Yadav @ Janki Devi, Wife of Hridya Nand Yadav
6. Prema Devi, Daughter of Hridya Nand Yadav
7. Suganti Devi, Wife of Devraj Yadav All residents of Village - Gyanpur Semariya Tola, Balu Chuck, P.O. Nathmalpur, P.S. Barhariya (O.P. Sinha), District - Bhojpur at Ara (Bihar) .... .... Petitioners
Versus
1. The State of Bihar
2. Nath Narayan Yadav, S/o Kapildev Yadav, R/o Village Hetanpur, P.O. Mainpura, P.S. Ara Muffasil, District - Bhojpur .... .... Opposite Parties ====================================================== Appearance :
For the Petitioners : Mr. Manoj Kumar, Advocate For the Opposite Parties : Mr. Bharat Bhushan, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 15-07-2016 Heard both sides.
The petitioners apprehend their arrest in Complaint Case No. 1635(C) of 2011 (Trial No. 5657 of 2015) registered for the offences punishable under Sections-304B, 201/34 of the Indian Penal Code and Sections 3⁄4 of the Dowry Prohibition Act. The complainant filed complaint case bearing Complaint Case No. 1635(C) of 2011 which was sent for
Patna High Court Cr.Misc. No.17938 of 2016 (3) dt.15-07-2016 2/2 registration and investigation under Section 156(3) of the Cr.P.C. It is submitted that the police after investigation submitted final form finding the case false and police also stated that the deceased died due to meningitis. Final form was accepted and the present case proceeded on protest. It is submitted that the marriage was solemnized in the year 2005, no complaint was ever made for the demand of dowry and torture against the petitioners. Petitioners are in-laws of the deceased.
Considering the facts aforesaid, the petitioners above named, in the event of their 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, are directed to be enlarged 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 Judicial Magistrate-1st Class, Bhojpur at Ara in connection with Complaint Case No. 1635(C) of 2011 (Trial No. 5657 of 2015), subject to the conditions as laid down under Section 438(2) of the Cr.P.C.
Kundan/- (Prabhat Kumar Jha, J) U T