Kachahari Yadav And ORS. v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.37385 of 2015 Arising Out of PS.Case No. -28 Year- 2015 Thana -KAARAMCHAT SAHAYAK DistrictBHABHUA (KAIMUR) ======================================================

1. Kachahari Yadav son of Late Langa Yadav null

2. Kasmira Devi wife of Kachahari Yadav

3. Dinesh Yadav @ Dinesh Singh Yadav son of Kachahari Yadav

4. Gita Devi wife of Dinesh Yadav

5. Munni Devi D/o Kachahari Yadav, All residents of village Bhitari Bandh, P.S. Karamchat, Distt.- Kaimur at Bhabua ....... Petitioners

Versus

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

For the Petitioner/s : Mr. Tribhuwan Narayan, Advocate For the Opposite Party/s : Mr. Md. Fahimuddin, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 11-09-2015 Heard learned counsel for the petitioners and learned Assistant Public Prosecutor for the State. This application for grant of anticipatory bail arises out of Karamchat PS Case No.28 of 2015, disclosing offences under Sections 304B/34/302/201 of the Indian Penal Code.

Petitioner no.1 is the father-in-law and petitioner no.2 is the mother-in-law of the deceased. Petitioner no.3 is the brother of the husband of the deceased, whereas petitioner no.4 is wife of petitioner no.3. Petitioner no.5 is the married sister of

Patna High Court Cr.Misc. No.37385 of 2015 (2) dt.11-09-2015 2/2 the husband of the deceased. Based on complaint case lodged by the father of the deceased, the present Karamchat PS Case No.28 of 2015 came to be instituted. The submission made on behalf of the petitioners is confined only to the fact that there is no specific allegation against these petitioners of demand of dowry at any point of time.

In view of the submission as above, this application is allowed.

Let the petitioners above named, in the event of their arrest or surrender before the Court below within six weeks from today, be released on bail on furnishing bail bonds of Rs.10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Kaimur at Bhabua in Karamchat PS Case No, 28 of 2015 (GR No. 1444 of 2015) subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. This is subject to the condition that the petitioners shall present themselves before the Police/Court, as the case may be, and when required and in the event of failure on their part to appear before the Court on two consecutive occasions, their bail bonds shall be liable to be cancelled.

(Chakradhari Sharan Singh, J) mrl U T