Ajay Kumar And ORS. v. State Of Bihar And ANR
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.40464 of 2014 Arising Out of PS.Case No. -156 Year- 2013 Thana -PATNA COMPLAINT CASE DistrictPATNA ======================================================
1. Ajay Kumar
2. Vijay Kumar Both Sons of Yogendra Prasad @ Yogi Mahto Resident of MohallaKazichak, P.S.-Barh, District-Patna.
3. Sunita Devi @ Sunita Kumari @ Sunita Wife of Ravis, Resident of Village-Chaurasua, P.S.-Biharsharif, District-Nalanda. .... .... Petitioner/s
Versus
1. The State of Bihar
2. Babita Devi Wife of Raj Kumar Mahto Resident of Village-Chak Nawada, P.S.- Pandarak, District - Patna.
.... .... Opposite Party/s ====================================================== With Criminal Miscellaneous No.40709 of 2014 Arising Out of PS.Case No. -156 Year- 2013 Thana -PATNA COMPLAINT CASE DistrictPATNA ======================================================
1. Yogendra Prasad @ Yogi Mahto Son of Late Sukhari Mahto
2. Sushila Devi Wife of Yogendra Prasad @ Yogi Mahot All residents of Mohalla Kazichak , P.S. Barh, District- Patna .... .... Petitioner/s
Versus
1. The State of Bihar
2. Babita Devi Wife of Raj Kumar Mahto resident of Village Chak Nawada, P.S. Pandarak, District- Patna .... .... Opposite Party/s ====================================================== Appearance:
(In Cr. Misc. No.40464 of 2014) For the Petitioner/s : Mr.
For the Opposite Party/s : Mr.
(In Cr. Misc. No.40709 of 2014) For the Petitioner/s : Mr.
For the Opposite Party/s : Mr.
====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 25-03-2015 Heard both sides.
The petitioners, namely, Ajay Kumar, Vijay Kumar
Patna High Court Cr.Misc. No.40464 of 2014 (2) dt.25-03-2015 2/3 and Sunita Devi @ Sunita Kumari @ Sunita in Cr. Misc. No. 40464/2014 and the petitioners, namely, Yogendra Prasad @ Yogi Mahto and Sushila Devi in Cr. Misc. No. 40709/2014 apprehend their arrest in a case under Section 304(B) of the Indian Penal Code.
The complainant, mother of the deceased, alleged that her daughter Premlata was married to Awadhesh Kumar, S/o Yogendra Prasad on 01.06.2009 but the accused persons were torturing her due to non-fulfillment of demand of dowry. She further alleged that her daughter died on 13.06.2012. Learned counsel for the petitioners submits that the complainant knew about the death of her daughter on 13.06.2012, but the complaint petition was filed on 08.03.2013. During the course of enquiry, the complainant stated that the accused persons were not paying maintenance of her grand children, that is why, she filed the case to get the accused persons convicted. Considering the facts aforesaid and the nature of allegations made against the petitioners and the fact that the petitioners are in-laws of the deceased, the above named petitioners, in the event of their arrest or surrender before the learned court below within a period of four weeks from the date of receipt / production of a copy of this order, are directed to be
Patna High Court Cr.Misc. No.40464 of 2014 (2) dt.25-03-2015 3/3 enlarged on bail 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 Sub-Divisional Judicial Magistrate, Barh in Complaint Case No. 156(C) of 2013, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.
(Prabhat Kumar Jha, J) Dilip/- U T