Gyanchand Rai @ Gyanchand Prasad Yadav And ANR. v. The State Of Bihar
Patna High Court Cr.Misc. No.50620 of 2014 (2) dt.07-05-2015
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.50620 of 2014 Arising Out of PS.Case No. -159 Year- 2014 Thana -HAJIPUR District- VAISHALI(HAJIPUR) ======================================================
1. Gyanchand Rai @ Gyanchand Prasad Yadav S/o Kedar Rai
2. Lalita Devi W/o Gyanchand Rai Both Resident of Village Harsarganj, Naka No. 3, Ward No. 2, P.S. Hajipur (Naga), District Vaishali.................................. .... Petitioners
Versus
1. The State of Bihar .... .... Opposite Party ====================================================== Appearance :
For the Petitioner/s : Mr. Anil Kr Singh No. 6 For the Opposite Party/s : Mr. A.L.Pandit(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 07-05-2015 Heard learned counsel for the petitioners and learned counsel representing the State.
Petitioners apprehend their arrest in connection with Hajipur (Town) P.S. Case No. 159 of 2014 registered for the offences punishable under Sections 498A, 307/34 of the Indian Penal Code and Sections 3 / 4 of Dowry Prohibition Act. Allegedly, the informant received information on 26.02.2014 that his daughter has been burnt by the in-laws and she is being treated in the hospital at Patna and then the informant and his family members went at her Sasural and then came to know that accused persons tortured her and due to non-fulfillment of demand of dowry tried to kill her and they were demanding rupees one lakh and motorcycle.
Submission is of false implication. The statement of the victim Sandhya Devi has been recorded vide annexure-2
Patna High Court Cr.Misc. No.50620 of 2014 (2) dt.07-05-2015 wherein she has stated that when she was cooking food on gas stove, she caught fire and she was brought to hospital for treatment but unfortunately she died. The informant under misconception has filed this case and after knowing the reality, he has filed petition vide annexure-3 before the court of learned Chief Judicial Magistrate, Vaishali and as such, the petitioners who are father-in-law and mother-in-law deserves sympathetic consideration to which the learned APP fairly submits that the victim in her statement has not alleged anything against the petitioners vide annexure-2.
In the facts and circumstances stated above and considering the statement of the victim (deceased), the petitioners above named, in case of their surrender or arrest within two months from the date of receipt/production of a copy of this order, shall be released on bail on bail on execution of bail bonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Vaishali in connection with Hajpur (Town) P.S. Case No. 159 of 2014, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.
avin/- (Jitendra Mohan Sharma, J) U