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Patna High CourtCR. MISC./55283/2018dismissed

Nageshwar Yadav And ANR v. The State Of Bihar

2018-10-06Mr. Justice Vikash Jain2 pages

Patna High Court Cr.Misc. No.55283 of 2018 (2) dt.06-10-2018

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.55283 of 2018 Arising Out of PS.Case No. -161 Year- 2018 Thana -MAKHDUMPUR District- JEHANABAD ======================================================

1. Nageshwar Yadav, S/o Late Swarath Yadav,

2. Mona Devi W/o Nageshwar Yadav, Both R/o Vill.- Narayanpur, P.S.- Makhdumpur, District- Jehanabad. .... .... Petitioners

Versus

The State of Bihar .... .... Opposite Party ====================================================== Appearance :

For the Petitioners : Mr. Murari Prasad Sinha, Advocate. For the informant : Mr. Parasnath, Advocate. For the State : Mr. J.K. Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 06-10-2018 As prayed, learned counsel for the petitioners is permitted to make correction in paragraph-15 of the petition inadvertently stating that co-accused Santosh Kumar, husband of the deceased had already surrendered before the learned Court below on 28.08.2018 and remanded to judicial custody.

2. The petitioners apprehend their arrest for the offences alleged under Sections 304(B), 201/34 of the Indian Penal Code registered in connection with Makhdumpur (Tehta) P.S. Case No. 161 of 2018, G.R. No. 1034 of 2018.

3. It is submitted that the petitioners have been falsely implicated merely because they happen to be the parents-in-law of the deceased, daughter of the informant. As a matter of fact, the

Patna High Court Cr.Misc. No.55283 of 2018 (2) dt.06-10-2018 deceased had consumed insecticide and committed suicide.

4. Learned APP assisted by learned counsel for the informant appearing suo motu and opposes the bail petition submitting that the ingredients of the offences under Section 304(B) are clearly made out. The body of the deceased has not been recovered.

5. Having regard to the nature of accusations and the gravity of the offence alleged, this Court is not inclined to grant the privilege of anticipatory bail to the petitioners. The anticipatory bail petition stands dismissed.

(Vikash Jain, J) Md. Ibrarul/- U T