Khijan Yadav And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.24797 of 2015 Arising Out of PS.Case No. -35 Year- 2014 Thana -GHOSBARI District- PATNA ======================================================
1. Khijan Yadav Son of Late Ram Yadav
2. Nanho Devi Wife of Khijan Yadav Both residents of village - Gosai Gaon, Police Station - Ghoswari, District - Patna
3. Savita Devi Wife of Shalok Yadav resident of village - Hasanchak, P.S. Barh, District - Patna
4. Bindu Devi Wife of Guddu Prasad resident of village - Kaipur, P.S. Khushrupur, District - Patna
5. Ranjana Devi Wife of Congress Yadav resident of village - Kaipur, P.S. Khushrupur, District - Patna .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Ashok Kumar Kashyap, Advocate For the Opposite Party/s : Mr. Ashok Kr.Singh 1(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 08-07-2015 Heard learned counsel for the petitioners and the State.
Petitioners being the parents and married sister (Nanad) of the husband of the victim apprehending their arrest in a case registered for the offences punishable under Sections 304B and 328/34 of the Indian Penal Code. Accusation is of killing the daughter of the informant after three years of marriage for non-fulfillment of dowry demand.
It is submitted by the learned counsel for the petitioners that post-mortem reflects no external injury and
Patna High Court Cr.Misc. No.24797 of 2015 (2) dt.08-07-2015 viscera has been preserved. Husband of the victim has been charge-sheeted under Section 306 of the Indian Penal Code but cognizance has been taken under Section 304B of the Indian Penal Code by the learned Chief Judicial Magistrate. Considering the fact that investigating agency found case true under Section 306 of the Indian Penal Code against the husband of the victim, let the learned court below consider the prayer for regular bail of the petitioners, if the petitioners surrender before the learned court below within a period of six weeks from today in connection with Ghoswari P.S. Case No. 35 of 2014, pending in the court of learned Additional Chief Judicial Magistrate, Barh, Patna. (Dinesh Kumar Singh, J) P.K./- U T