Jitendra Yadav @ Jitendra Kumar Yadav And ORS v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.20174 of 2018 Arising Out of PS. Case No.-4630 Year-2016 Thana- GOPALGANJ COMPLAINT CASE District- Gopalganj ======================================================

1. Jitendra Yadav @ Jitendra Kumar Yadav, Son of Sudarshan Yadav,

2. Sudarshan Yadav, Son of Late Jhagaru Yadav,

3. Rita Devi, Wife of Sudarshan Yadav,

4. Karan Yadav, Son of Sudarshan Yadav, All resident of VillageHasanpur, P.S.- Sidhwalia, District- Gopalganj, Bihar. ... ... Petitioner/s

Versus

1. The State of Bihar.

2. Chanda Devi, Wife of Jitendra Yadav alias Jitendra Kumar, Resident of Village- Hasanpur, P.S.- Sidhwlia, District- Gopalganj, Presently residing at D/o Mohan Yadav, Resident of Village- Mahua, P.S.- Baikunthpur, DistrictGopalganj, Bihar. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Indrajeet Bhushan For the Opposite Party/s :

Mr. Sri Pradeep Narain Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 09-04-2018 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners are apprehending their arrest in a case registered under Sections 323 and 498A of the Indian Penal Code. Allegation against the petitioners is of committing torture upon the victim due to non-fulfilment of demand of dowry. It has been submitted on behalf of the petitioners that the petitioners have got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioners. Petitioner no. 1 is the husband and petitioner nos. 2 to 4 are in-laws of the victim. They have falsely been implicated in the present case due to petty

Patna High Court Cr.Misc. No.20174 of 2018(2) dt.09-04-2018 2/2 family dispute. The case is triable by the Magistrate. The petitioners have relied upon the judgment of this Court in the case of Md. Naimul Haque Ansari @ Naimul Haque Ansari & Ors. Vs. The State of Bihar, reported in 2006(3) PLJR 182. 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) each with two sureties of the like amount each to the satisfaction of learned A.C.J.M. III, Gopalganj in connection with Tr. No. 2112 of 2017 (arising out of Complaint Case No. 4630/2016), subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) Pankaj/- U T