Awadhesh Yadav And ANR v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.19841 of 2018 Arising Out of PS. Case No.-14 Year-2018 Thana- PARASBIGHA District- Jehanabad ======================================================
1. Awadhesh Yadav
2. Bimlesh Yadav Both sons of late Rameshwar Yadav, Resident of Village-Jamanbigha, Pndooi Tola Mathiya P.S. Parasbigha, District Jehanabad ... ... Petitioner/s
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Paras Nath, Adv.
For the Opposite Party/s :
Mr.J. N. Thakur, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 05-04-2018 Heard learned Counsel for the petitioners and learned APP for the State.
The petitioners being the brothers of the husband of the victim are apprehending arrest in a case registered for the offences punishable under Sections 306/34 of the Indian Penal Code.
The prosecution case got initiated on the Fardbeyan of Prasidh Yadav, recorded by ASI Sanjay Kumar Singh, Parasbigha Police Station on 30.01.2018 at 06.40 A.M, to the effect that informant's daughter Sinku Devi was married in the year 2008 with one Indradev Yadav. Subsequently, she was blessed with a male child, but thereafter, the son-in-law of the informant started abusing and assaulting the informant'
Patna High Court Cr.Misc. No.19841 of 2018(2) dt.05-04-2018 2/3 daughter. The informant tried to pacify the issue, but he failed to mend his ways. Whenever, the informant and his family members visited the in-laws house of his daughter, he used to threaten to assault them also. On 29/30.01.2018, the elder sonin-law of the informant Dhananjay Yadav conveyed to the informant that Sinku Devi has been killed by her in-laws family. Thereafter, the informant gave an information to the Parasbigha Police Station and went to in-laws of his daughter and found his daughter dead. On enquiry, the informant came to know that the son-in-law of the informant Indradev Yadav assaulted the victim the previous evening in relation to that, the victim consumed pesticides. Thereafter, the husband of the victim and the petitioners took the victim to hospital for providing medical assistance.
It is submitted by learned counsel for the petitioners that there is no accusation against the petitioners except that they took the victim to provide medical assistance. The allegation of torture and assault has been levelled only against the husband of the victim. The petitioners claim to be separate from the husband of the victim. A statement has been made in paragraph no.3 of the petition that the petitioner no.1 is not having any criminal antecedent, whereas, petitioner no.2 is accused in one
Patna High Court Cr.Misc. No.19841 of 2018(2) dt.05-04-2018 3/3 other case being Parasbigha P.S. Case No.108 of 2015. It is submitted by Mr. J. N. Thakur, learned APP for the State there is specific accusation against the petitioners also. Considering the thrust of accusation against the husband of the victim who abetted the committing of suicide, let the above named petitioners be released on anticipatory bail, in the event of arrest or surrender before the learned Court below within a period of 12 weeks from today, on furnishing bail bond 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, Jehanabad, in connection with Parasbigha P.S. Case No.14 of 2018, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.
(Dinesh Kumar Singh, J) Ashwini/- U T