Arjun Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.32099 of 2024 Arising Out of PS. Case No.-317 Year-2024 Thana- NAWADA District- Nawada ====================================================== 1.
Arjun Yadav S/o Late Dashrath Yadav R/o vill - Ghostawan, P.S. - Kadirganj, Distt. - Nawada 2.
Saro Devi W/o Arjun Yadav R/o vill - Ghostawan, P.S. - Kadirganj, Distt. - Nawada ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Durgesh Nandan, Advocate For the Opposite Party/s :
Mr. Ram Bilash Roy Raman, APP For the Informant :
Mr. Bhaskar Shankar, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 22-05-2024 Heard Mr. Durgesh Nandan, learned counsel for the petitioner and Mr. Bhaskar Shankar representing the informant as also the learned APP.
2. The petitioners are apprehending their arrest in connection with Town Nawada P.S. Case No. 317 of 2024 for the offence under Sections 304B and 34 of the I.P.C. lodged on 25.02.2024 by the informant, Ashok Yadav.
3. As per the prosecution story, the informant alleged that the lady was married to one Kamlesh Kumar in the year 2020 but was also tortured for dowry/four-wheeler. Further, she was pregnant when the information came about her killing. Accordingly, the FIR.
Patna High Court CR. MISC. No.32099 of 2024(2) dt.22-05-2024 2/3
4. Learned counsel for the petitioners submit that the petitioners herein are parents-in-law, living separately, have no role to play and further due to minor issue has come to knowledge that she committed suicide. The further submission is that the husband is in custody since 02.03.2024 (paragraph-16 to the petition).
5. Learned counsel for the informant submits that right from the marriage she was subjected to dowry torture and having harassed regularly, the death took place and it is matter of investigation that whether it is a suicide or a killing.
6. Though the death is unfortunate especially when the lady was pregnant, the petitioners are parents-in-law, aged person, the husband is in custody, FIR lodged and they will be facing the trial, this Court is inclined to extend them the privilege of anticipatory bail with conditions.
7. Let the petitioners be released on bail in the event of their arrest or surrender within a period of four weeks from the receipt of this order, on furnishing bail bond of Rs. 10,000/- (Ten thousand) each with two sureties of like amount each to the satisfaction of learned CJM, Nawada in connection with Town Nawada P.S. Case No. 317 of 2024 subject to the conditions as laid down under Section 438(2) of the Cr.P.C.
Patna High Court CR. MISC. No.32099 of 2024(2) dt.22-05-2024 3/3 (i) one of the bailor should be the family member of the petitioners who shall provide official document to show their bona fide;
(ii) the petitioners shall appear on each and every date before the Trial Court and failure to do so for two consecutive dates without plausible reason will entail cancellation of their bail bond by the Trial Court itself;
(iii) the petitioners shall in no way try to induce or promise or threat the witnesses or tamper with the evidences, failing which the State shall be at liberty to take steps for cancellation of the bail bonds;
(iv) the petitioners shall desist from committing any criminal offence again, failing which the State shall be at liberty to take steps for cancellation of their bail bonds. (Rajiv Roy, J) Adnan/- U T