Bihari Yadav And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.44207 of 2018 Arising Out of PS.Case No. -65 Year- 2018 Thana -RAFIGANJ District- AURANGABAD ======================================================
1. Bihari Yadav, Son of Ramji Yadav,
2. Muniya Devi @ Munni Devi, Wife of Bihari Yadav, Both Resident of Ward No.13, Mohalla- Lipganj Chatti, P.S.- Sherghati, District- Gaya.
3. Chandramani Devi, Wife of Late Bigan Yadav, Resident of VillageLahas, P.S.- Rafiganj, District- Aurangabad. .... .... Petitioner/s
Versus
1. The State of Bihar.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Sanjay Kumar For the Opposite Party/s : Dr. Ajeet Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 30-07-2018 The petitioners are apprehending their arrest in connection with Rafiganj P.S. Case No. 65 of 2018, registered for offences punishable under Sections 304(B), 201 and 34 of the Indian Penal Code.
Allegation against the petitioners is of dowry death. Petitioner no.2 happens to be sister-in-law of the deceased, petitioner no.1 is husband of petitioner no.2 and petitioner no.3 is mother-in-law of the deceased.
Submission of learned counsel for the petitioners is that there is general and omnibus allegation of demand of dowry and torture. Further submission is that no specific allegation has been attributed against the petitioners and moreover petitioner no.2 is
Patna High Court Cr.Misc. No.44207 of 2018 (2) dt.30-07-2018 2/3 concerned, she is a married sister-in-law and she along with petitioner no.1 has been living separately.
Heard learned A.P.P. also.
Having heard both sides, in view of the above facts, let the petitioners above named, in the event of their arrest or surrender before the court below within a period of six weeks from the date of receipt/production of a copy of this order, be enlarged on bail on furnishing bond of Rs. 25,000 (Rs. Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Aurangabad, in connection with Rafiganj P.S. Case No. 65 of 2018, subject to the conditions as laid down under Section 438(2) of the Cr.P.C, as well as subject to the following conditions, it is further subject to the condition that:- (i) One of the bailors of the petitioners shall be a local person having sufficient immovable property within the jurisdiction of the concerned Court.
(ii) The petitioners shall cooperate in the investigation and make themselves available as and when required by the police and on the event of failure on their part to appear
Patna High Court Cr.Misc. No.44207 of 2018 (2) dt.30-07-2018 3/3 before the police on two consecutive dates without showing any genuine reasons, the prosecution is free to move for cancellation of their bail bonds.
(Vinod Kumar Sinha, J) sunil/Amjad/- U T