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Patna High CourtCR. MISC./45338/2017allowed

Budhdeo Yadav And ORS v. The State Of Bihar

2017-10-17Mr. Justice Arvind Srivastava2 pages

Patna High Court Cr.Misc. No.45338 of 2017 (3) dt.17-10-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.45338 of 2017 Arising Out of PS.Case No. -51 Year- 2017 Thana -NIMCHAKBATHANI District- GAYA ======================================================

1. Budhdeo Yadav, Son of Late Chhatardhary Yadav,

2. Reena Devi,

3. Sarita Devi, Both daughters of Budhdeo Yadav.

4. Sunaina Devi, Wife of Budhdeo Yadav, All are resident of VillageMaitola, Mahadeo Bigha, P.S.- Neemchak Bathani, District- Gaya. .... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Kunwar Narayan Jamuar For the Opposite Party/s : Mr. Sri Nand Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 17-10-2017 Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State.

This application, for grant of anticipatory bail, arises out of Neemchak Bathani Police Station Case No. 51 of 2017, disclosing offences under Sections 304(B), 201 and 34 of the Indian Penal Code.

Learned counsel for the petitioners has submitted that there is general and omnibus allegation against these petitioners and no specific overt act is attributed to them. In fact, the petitioners happen to be father-in-law, sister-in-law and mother-in-law, respectively, of the deceased and they have not committed any offence. In fact, the deceased has committed

Patna High Court Cr.Misc. No.45338 of 2017 (3) dt.17-10-2017 suicide with her two years old son and this fact has also been supported by the independent witnesses, Munna Khan and Ram Charan Yadav, which is evident from paragraph nos. 21 and 22 of the case diary. Moreover, the husband of the deceased has been taken into custody. Hence, the petitioners, who are of clean antecedent, deserve the privilege of anticipatory bail. Considering the facts and circumstances of the case, let the petitioner, above named, in the event of their arrest or surrender before the Court below within six weeks, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-X, Gaya, in connection with Neemchak Bathani Police Station Case No. 51 of 2017, subject to the condition laid down under Section 438

(2) of the Code of Criminal Procedure.

(Arvind Srivastava, J) brajesh/- U T