Brijnandan Singh Yadav And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.12723 of 2015 Arising Out of PS.Case No. -104 Year- 2014 Thana -KANKARBAGH District- PATNA ======================================================
1. Brijnandan Singh Yadav, Son of Late Ram Chandras Singh.
2. Urmila Devi , Wife of Brijnandan Singh Yadav.
3. Uday Kumar
4. Chhotu Kumar Both are sons of Brijnandan Singh Yadav.
resident of Mohalla- Ashok Nagar, Road no 9A Kankarbagh Patna Permanent address resident of village Premtola P.S- Maner DistrictPatna. .... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr.
For the Opposite Party/s : Mr.
====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER -------------- 01-06-2015 Heard learned counsel for the petitioners and the learned A.P.P. for the State as also the learned counsel for the informant. The petitioners apprehend their arrest in connection with Kankarbagh P.S. Case No.104 of 2014 registered under Sections 304-B and 316/34 of the Indian Penal Code.
The allegation is that all the accused persons including the petitioners strangulated the deceased to death for non fulfillment of the dowry demand.
Learned counsel appearing on behalf of the petitioners submits that the petitioner no.1, is father-in-law, petitioner no.2, is
Patna High Court Cr.Misc. No.12723 of 2015 (3) dt.01-06-2015 2/2 mother-in-law, and petitioner nos.3 and 4 are brothers-in-law (dewars) of the deceased, Manju Devi, the sister of the informant, Virendra Kumar Rai, and have falsely been implicated in this case. It is further submitted that on the alleged date of occurrence, the petitioners were not present at their house as they had gone in the marriage ceremony of their relation, which would appear from the statements of the witnesses as detailed in paragraphs-62, 65, 66, 67, 76, 86, 106 and 109 of the case diary. It is also submitted that the deceased committed suicide by hanging herself as she was in the impression that there is illicit relation of her husband with a girl.
Having considered the facts and the circumstances of the case, let the petitioners, above named, in the event of their arrest or surrender by them within four weeks, be enlarged on bail on their furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of Sri Satya Priya Anand, Judicial Magistrate, First Class, Patna, in connection with Kankarbagh P.S. Case No.104 of 2014, subject to the conditions laid down under Section 438(2) Cr.P.C. (Rajendra Kumar Mishra, J) P.S./- U T