Pramod Yadav And ANR v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.51646 of 2017 Arising Out of PS. Case No.-79 Year-2017 Thana- RAHUI District- Nalanda ======================================================
1. Pramod Yadav, S/o Vijay Yadav,
2. Rubi Devi W/o Pramod Yadav, Both R/o Village- Sonshikra, P.S. Rahui , District- Nalanda. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Dharmendra Kumar Singh, Adv.
For the Opposite Party/s :
Mr. J. N. Thakur, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 10-11-2017 Heard learned Counsels for the petitioners and the State. The petitioners being brother and brother's wife of the husband of the victim are apprehending arrest in a case registered for the offences punishable under Sections 304B, 201/34 of the Indian Penal Code.
The prosecution case got initiated with the Fardbeyan of Ashok Yadav, to the effect that a co-villager informed the informant that his daughter has been killed when he went to inlaws house of the victim and found none present there. Subsequently, the dead body of the victim was found lying concealed in a dirty water channel.
Learned Counsel appearing on behalf of the petitioners submits that the FIR does not suggest the date of marriage. Moreover, the allegation with regard to demand of dowry is
Patna High Court Cr.Misc. No.51646 of 2017(2) dt.10-11-2017 2/2 concerned. It is only mentioned in the last sentence of the FIR that the daughter of the informant has been killed for the sake of dowry demand. There is no specific accusation that who demanded dowry and what was demanded as dowry. It is further submitted that during investigation it has come that the victim was married six years prior to the occurrence. The petitioners claim to be separate from the husband of the victim. Considering the accusation being omnibus and general against entire in-laws family and the thrust of accusation is against the husband of the victim, let the above named petitioners be released on anticipatory bail, in the event of arrest or surrender before the learned Court below within a period of 12 weeks from today, on furnishing bail bond of Rs.
10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned ACJM-II, Nalanda at Biharsarif in connection with Rahui P.S. Case No. 79/2017, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. However, the learned Court below will be at liberty to cancel the bail bond of the petitioners, if the petitioners fails to co-operate during investigation and trial.
Ashwini/- (Dinesh Kumar Singh, J) U T