Bhagwat Yadav And ANR v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.74511 of 2018 Arising Out of PS. Case No.-878 Year-2011 Thana- COMPLAINT CASE District- Jamui ======================================================

1. Bhagwat Yadav S/o- Late Yaddu Yadav,

2. Phulo Yadav, S/o- Bhagwat Yadav, Both are Resident of Village- Paro, Pahari, Police Station- Barhat, District- Jamui.

... ... Petitioner/s

Versus

1. The State of Bihar.

2. Gulo Yadav, S/o Late Ghano Yadav, Resident of Village- Khairma, P.S.+ District- Jamui.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Amrendra Kumar For the Opposite Party/s :

Mr. Akshay Lal Pandit ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 21-12-2018 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners are apprehending their arrest in a case registered under Sections 304(B), 498(A), 201, 120(B) of the Indian Penal Code.

Allegation is that the accused persons including the petitioner caused death of the daughter of the informant due to non-fulfilment of demand of dowry.

It has been submitted on behalf of the petitioners that the petitionesr have got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioners. The petitioners have falsely been implicated in the present case. The petitioner No.1 is the father-in-law and petitioner No.2 is the brother-in-law of the

Patna High Court Cr.Misc. No.74511 of 2018(3) dt.21-12-2018 2/2 deceased. They are separate in mess and property from the husband of the deceased. After investigation, the police has submitted final form. The petitioners have not been sent up for trial. The court below perused the case diary and accepted the final form submitted by the police. Thereafter the court has proceeded on the basis of protestcum-complaint, which is evident from Annexure-4 to the present application.

On behalf of the State, it is submitted that the petitioners are named in the complaint case/F.I.R.

Considering the aforesaid facts and circumstances, let the petitioners, above named, in the event of arrest/surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Sri M.K. Pandey, J.M. 1st class, Jamui in connection with Complaint case No.878C of 2011, Barhat P.S. case No.127 of 2008, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

Narendra/- (Sudhir Singh, J) U T