Jaijairam Yadav @ Jai Jai Ram Yadav And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.52261 of 2016 Arising Out of PS.Case No. -148 Year- 2016 Thana -PARWATTA District- KHAGARIA ======================================================
1. Jaijairam Yadav @ Jai Jai Ram Yadav, Son of Tarni Yadav
2. Shiv Nandan Yadav @ Shyam Nandan Yadav
3. Brajesh Yadav
4. Navin Yadav All Son of Jaijairam Yadav @ Jai Jai Ram Yadav Resident of VillageTemtha Karari, Police station- Parbatta, District- Khagaria. .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Ravi Shanker Pankaj, Advocate. For the Opposite Party/s : Mr. Dinesh Singh, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 17-01-2017 Heard learned counsel for the petitioners and the State.
The petitioners seek anticipatory bail in a case instituted for the offence under Sections 302 and 328/34 of the Indian Penal Code.
It is alleged that the daughter of the informant was married about ten years back with Subodh Yadav according to Hindu rites and customs. She gave birth to one daughter and one son. She was tortured by the husband since the time of marriage for demand of motorcycle. It is also alleged that on account of non-fulfillment of aforesaid demand, she was done to death by
Patna High Court Cr.Misc. No.52261 of 2016 (3) dt.17-01-2017 2/2 administering poison by these petitioners and her husband. Postmortem report has been enclosed as Annexure-3 wherein doctor has stated that no cause of death could be ascertained and viscera report has been preserved. Learned counsel for the petitioners also pointed out the protest petition filed by the informant, kept as Annexure-4, wherein he has stated different story that death has been caused by strangulation. The petitioners are brothers of the husband of the deceased.
Considering the aforesaid facts and circumstances of the case, let the petitioners in the event of surrender, named above, within six weeks from the date of receipt of this order, in connection with Parbatta P.S. Case No. 148 of 2016, shall be released on anticipatory bail on furnishing bail bond of Rs.10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of Additional Chief Judicial Magistrate-I, Khagaria, subject to the conditions as laid down under Section 438 (2) Cr. P.C.
(Sanjay Priya, J) S.Ali/- U T