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Patna High CourtCR. MISC./33125/2015disposed

Ashok Yadav @ Ashok Yabev And ANR v. The State Of Bihar

2015-08-12Mr. Justice Dinesh Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.33125 of 2015 Arising Out of PS.Case No. -139 Year- 2006 Thana -BARAHIYA District- LAKHISARAI ======================================================

1. Ashok Yadav @ Ashok Yadav

2. Subodh Yadav both sons of Mishri Yadav .... .... Petitioner/s

Versus

The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Jainendra Kumar, Advocate For the Opposite Party/s : Mr. Ajay Kr. 2(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 12-08-2015 Heard learned counsels for the petitioners and the State.

The petitioners being the brothers of the husband fo the victim are apprehending arrest in a case registered for the offences punishable under Sections 498A/304B/201/34 of the Indian Penal Code.

Accusation is of killing the daughter of the informant within 3 to 4 years of marriage for non-fulfillment of dowry demand.

It is submitted by learned counsel for the petitioners that the accusation is omnibus and general against the entire inlaws' family. The petitioners used to reside at Delhi, hence, the petitioners were not aware about the institution of this case. The mother of the victim has retracted from initial version and filed

Patna High Court Cr.Misc. No.33125 of 2015 (2) dt.12-08-2015 2/2 a petition before the learned court below. The other co-accused have been granted regular bail in 2007.

This court is not inclined to entertain the present anticipatory bail application of the petitioner only on the ground that the case was registered in 2006 and the present application has been filed in 2015. Let the learned Court below consider the prayer for regular bail of the petitioners, if the petitioners surrender within a period of six weeks in connection with Barahayia P.S. Case No.139 of 2006, pending before the learned Chief Judicial Magistrate, Lakhisarai. With the above observation, this application is, accordingly, disposed off.

(Dinesh Kumar Singh, J) Ashwini/- U T