Wakil Yadav And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.62015 of 2017 Arising Out of PS.Case No. -129 Year- 2017 Thana -SALKHUA District- SAHARSA ======================================================
1. Wakil Yadav, Son of Late Sahdeo Yadav,
2. Kalpana Devi, wife of Wakil Yadav,
3. Raushan Kumar, Son of Wakil Yadav, All residents of VillageBanma, Police Station- Salkhua (Banma O.P.), District- Saharsa.
4. Pinki Kumari @ Pinki Devi, Wife of Shatrughan Yadav & Daughter of Wakil Yadav, Resident of Village- Situaha, Police Station- Salkhua, District- Saharsa.
.... .... Petitioner/s
Versus
The State of Bihar.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Syed Masleh-Uddin Ashraf For the Opposite Party/s : Smt. Madhuri Lata ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 08-03-2018 Heard the learned counsel for the petitioners and learned counsel for the State.
The petitioner nos. 2 to 4 seek anticipatory bail in connection with Salkhua PS case no. 129 of 2017 registered for the offences punishable under Sections 304B/201/34 of the Indian Penal Code.
The case of the prosecution is that the marriage of the daughter of the informant was solemnized three years back and on 25.6.2017 at about 4 P.M. all the FIR named accused persons had killed the daughter of the informant on account of non-fulfillment of demand for dowry.
Patna High Court Cr.Misc. No.62015 of 2017 (5) dt.08-03-2018 2/3 The learned counsel for the petitioners submits that the petitioner no.2 is the mother-in-law, petitioner no.3 is the brotherin-law and petitioner no.4 is the married sister-in-law of the deceased lady. It is further submitted that as far as the petitioner no.4 is concerned, she is married in another village and is staying away from the village where the husband and the deceased were staying. It is further submitted that as far as the present petitioner nos. 2 to 4 are concerned, the police has not reached to the conclusion till date with regard to their complicity whereas on contrary, it has transpired during the investigation that deceased lady was electrocuted. Nonetheless, it is submitted by the learned counsel for the petitioner nos. 2 to 4 that if at all anybody is responsible, it might be her husband and not the petitioners herein. The petitioner nos. 2 to 4 are stated to be having a clean antecedent.
Having regard to the facts and circumstances of the case, in the event of arrest or surrender before the concerned court within a period of six weeks from the date of receipt/production of a copy of the present order, the petitioner nos. 2 to 4, namely, Kalpana Devi, Raushan Kumar and Pinki Kumari @ Pinki Devi are directed to be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/- (Rs. Ten thousand) each with two sureties of
Patna High Court Cr.Misc. No.62015 of 2017 (5) dt.08-03-2018 3/3 the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Saharsa in connection with Salkhua PS case no. 129 of 2017, subject to the conditions laid down under Section 438(2) of Code of Criminal Procedure.
(Mohit Kumar Shah, J) BTiwary/- U T