Rajendra Yadav And ANR v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.47250 of 2018 Arising Out of PS.Case No. -22 Year- 2018 Thana -BAGAINGOLA District- BUXAR ======================================================
1. Rajendra Yadav, Son of Late Shivjanam Yadav,
2. Subhagiya Devi, Wife of Rajendra Yadav, Both are resident of Village Dharawali, Police Station- Bagen Gola, District- Buxar, present address Mohalla Ahirpurwa, Police Station Ara (T), District- Bhojpur.
.... .... Petitioner/s
Versus
1. The State of Bihar.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Rang Nath Choubey, Advocate. For the Opposite Party/s : Mr. Anil Prasad Singh, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 29-08-2018 Heard learned counsel for the petitioners and the State.
The petitioners apprehend their arrest in Bagen Gola P.S. Case No. 22 of 2018 instituted for the offence under Sections 504, 506, 427 of the Indian Penal Code and Section 3⁄4 of Dowry Prohibition Act.
Counsel for the petitioners has submitted that victim girl Arti Kumari who is daughter-in-law of the petitioners herself fled away before Gauna and she did not return. It has further been submitted that no case has been filed by Arti Kumari or her father. The instant case has been filed by uncle of the victim girl. There is general and omnibus allegation against the petitioners that Gauna
Patna High Court Cr.Misc. No.47250 of 2018 (2) dt.29-08-2018 2/2 was not made by the petitioners for non-fulfillment of demand of dowry.
Considering the facts and circumstances of the case, prayer for anticipatory bail of the petitioners is allowed. In the event of surrender/arrest of the petitioners, named above, within six weeks from today, in connection with Bagen Gola P.S. Case No. 22 of 2018, they shall be released on anticipatory bail on furnishing bail bond of Rs.10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Buxar, subject to the conditions as laid down under Section 438 (2) Cr. P.C. with further conditions
(1) bailors should be local having sufficient immovable property within the jurisdiction of the court concerned, (2) petitioners shall cooperate in the trial and shall be present on each and every date fixed by the court and their absence on two consecutive dates without proper and reasonable reason will be liable to cancel their bail bond and (3) if petitioners tamper with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioners. (Sanjay Priya, J) S.Ali/- U T