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Patna High CourtCR. MISC./2884/2018bail granted

Chandradeo Yadav @ Chanardeo Yadav And ORS v. The State Of Bihar

2018-01-17Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.2884 of 2018 Arising Out of PS.Case No. -139 Year- 2017 Thana -CHANPATIA DistrictWESTCHAMPARAN(BETTIAH) ======================================================

1. Chandradeo Yadav @ Chanardeo Yadav, S/o Late Ram Surat Yadav,

2. Matirani Devi @ Matrani Devi W/o Chandradeo Yadav,

3. Ramesh Kumar Yadav @ Ramesh Yadav S/o Chandradeo Yadav, All are R/o Village- Dubwalia Kumar Bag, P.S.- Chanpatia, District- West Champaran.

.... .... Petitioners

Versus

1. The State of Bihar .... .... Opposite Party ====================================================== Appearance :

For the Petitioner/s : Mr. Lalan Kumar Verma For the Opposite Party/s : Mr. Dr.Mrityunjaya Kr.Gautam ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 17-01-2018 Heard learned counsel for the petitioners and learned counsel appearing on behalf of the State.

The petitioners are apprehending their arrest in a case instituted under Section 498(A) of the Indian Penal Code and 3⁄4 of D.P. Act.

The allegation against the petitioners is of committing torture upon the victim due to non-fulfillment of the 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

Patna High Court Cr.Misc. No.2884 of 2018 (2) dt.17-01-2018 2/2 petitioners. The petitioners have falsely been implicated in the present case. The case is triable by the Magistrate. The petitioners are father-in-law, mother-in-law and Devar of the victim. They are separate in mess and property from the husband of the victim. The petitioners have further relied upon the judgment of this court, in the case of Md. Naimul Haque Ansari Vs. The State of Bihar, reported in 2006(3) PLJR 182.

On behalf of the State, it has been submitted that the petitioners are named in the F.I.R.

Considering the aforesaid facts and circumstances, let the petitioners above named be released on anticipatory bail in the event of their arrest or surrender before the learned court below within a period of six weeks from today in connection with Chanpatia P.S. Case No. 139 of 2017, S.C. No.1272/2017 on furnishing bail bonds of Rs. 10,000/-(Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned S.D.J.M., Bettiah (West Champaran), subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) Amit/- U T