Chhotelal Yadav And ORS. v. State Of Bihar And ANR
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.54359 of 2015 Arising Out of PS.Case No. -142 Year- 2015 Thana -MAJHAHGARH District- GOPALGANJ ======================================================
1. Chhotelal Yadav, son of late Shiv Pujan Yadav
2. Hira Yadav, son of Rajdhari Yadav
3. Mirit Ranjan Yadav @ Mit Ranjan Kumar yadav, son of Jawahir Yadav .... .... Petitioner/s
Versus
1. State of Bihar
2. Dharmendra Kumar Yadav .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Pramod Kumar Singh, Advocate For the Opposite Party/s : Mr. Nirmal Kr. Sinha(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 01-12-2015 Heard learned counsels for the petitioners and the State.
Petitioner no.1 being elder brother, petitioner no.2 being co-villager and petitioner no.3 being cousin of the husband of the victim are apprehending arrest in a case registered for the offences punishable under Section 304B/34 of the Indian Penal Code.
Accusation is of killing the sister of the informant after five years of marriage for non-fulfillment of dowry demand of gold chain and motorcycle.
It is submitted by learned counsel for the petitioners that the thrust of accusation is against the husband of the victim
Patna High Court Cr.Misc. No.54359 of 2015 (2) dt.01-12-2015 2/2 and the petitioners claim to be separate from the husband of the victim. Moreover, the informant has retracted from initial version and has filed a petition to that effect before the learned court below, the same has been brought on record as annexure-2 to the petition.
Considering the aforesaid facts, let the above named petitioners be released on anticipatory bail, in the event of arrest or surrender before the learned Court below within a period of 12 weeks from today, on furnishing bail bond of `10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate, 1st Class, Gopalganj in connection with Manjhaganj P.S. Case No.142 of 2015, subject to the conditions as laid down under Section 438(2) Cr.P.C.
(Dinesh Kumar Singh, J) Ashwini/- U T