Dhananjay Yadav @ Dhananjay Kumar And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.40989 of 2016 Arising Out of PS.Case No. -63 Year- 2016 Thana -SHAKURABAD District- JEHANABAD ======================================================

1. Dhananjay Yadav @ Dhananjay Kumar Son of Late Naresh Yadav

2. Minta Devi @ Kiran Devi wife of Dhananjay Yadav Both Resident of Village-Murgiyachak, POlice Station- Shakurabad, District-Jehanabad .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Uday Narayan Singh For the Opposite Party/s : Mr. Matloob Rab ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 26-09-2016 Heard learned Counsel for the petitioners and learned Additional Public Prosecutor for the State. This application, for grant of anticipatory bail, arises out of Shakurabad Police Station Case No. 63 of 2016, disclosing offences under Section 304B of the Indian Penal Code.

The petitioner no. 1 is the brother of the husband of the deceased; whereas, petitioner no. 2 is wife of petitioner no. 1.

Learned Counsel appearing on behalf of the petitioners has submitted that allegation of demand of dowry is vague and there is no specific allegation that these petitioners ever made any demand for dowry or they tortured the deceased therefor. It has also been submitted that the petitioners have been implicated only because they

Patna High Court Cr.Misc. No.40989 of 2016 (2) dt.26-09-2016 2/2 are family members of the husband of the deceased. Considering the facts and circumstances and submissions advanced on behalf of the petitioners, this application is allowed.

Let the petitioners, namely, Dhananjay Yadav @ Dhananjay Kumar and Minta Devi @ Kiran Devi, in the event of their arrest or surrender before the Court below within six weeks, be released on 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 Chief Judicial Magistrate, Jehanabad, in connection with Shakurabad Police Station Case No. 63 of 2016, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.

This is subject to the condition that the petitioners shall present themselves before the police/Court, as the case may be, as and when required and in the event of failure on their part to appear before the Court on two consecutive occasions, their bail bonds shall be liable to be cancelled.

(Chakradhari Sharan Singh, J.) Prabhakar Anand/-c U √ T √