Ganga Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.24894 of 2020 Arising Out of PS. Case No.-3 Year-2020 Thana- SABAUR District- Bhagalpur ====================================================== 1.

Ganga Yadav, aged about 24 years, Male, S/o Sri Ramashish Yadav, Resident of Village-Chandheri, P.S.-Sabour, District-Bhagalpur. 2.

Rukmani Devi, aged about 63 years, Female, W/o Sri Ramashish Yadav, Resident of Village- Chanderi, P.S.-Sabour, District-Bhagalpur. ... ... Petitioners

Versus

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

For the Petitioners :

Mr.Ranjeet Kumar, Advocate.

For the Opposite Party :

Mr. Anil Kumar, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 15-10-2020 Due to COVID-19 Pandemic, the matter is being taken up by way of virtual Court proceeding.

The matter has been listed under the heading 'For Orders' under the orders of Hon'ble the Chief Justice. Learned counsel for the petitioners seeks permission to withdraw the anticipatory bail application on behalf of the petitioner no. 1, namely, Ganga Yadav as he has already been taken into judicial custody in connection with Sabour P.S. Case No. 03/2020, pending in the court of learned C.J.M., Bhagalpur. Permission is accorded.

The anticipatory bail application on behalf of the petitioner no. 1 Ganga Yadav is dismissed as withdrawn.

Patna High Court CR. MISC. No.24894 of 2020(2) dt.15-10-2020 2/3 A supplementary affidavit has been filed on behalf of the petitioners. Let it be kept on the record. Learned counsel for the petitioner is directed to remove the defects, as pointed out by the office, within a period of four weeks after restoration of normalcy.

Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner no. 2 is apprehending her arrest in a case for the offences registered under Sections 304(B) and 120(B)/34 of the I.P.C.

The prosecution case, in short, is that the petitioner no. 2 and others killed the daughter of the informant due to nonfulfilment of demand of dowry. It has been submitted on behalf of the petitioner no. 2 that the petitioner has got no criminal antecedent. She has falsely been implicated in the present case. There is no allegation of tampering with the witnesses alleged against her. The petitioner is the mother-in-law of the deceased. She is separate in mess and property from the husband of the deceased. She has got no concern with the alleged occurrence. The husband of the deceased is in custody.

On behalf of the State, it is submitted that the

Patna High Court CR. MISC. No.24894 of 2020(2) dt.15-10-2020 3/3 petitioner is named in the F.I.R.

Considering the aforesaid facts and circumstances of the case, the petitioner no. 2 Rukmani Devi (except petitioner no. 1 Ganga Yadav), in the event of arrest or surrender before the learned court below within a period of twelve weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Bhagalpur, in connection with Sabour P.S. Case No. 03/2020, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) U.K./- U T