Sukhdeo Yadav And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.18237 of 2015 Arising Out of PS.Case No. -343 Year- 2014 Thana -BARACHATTI District- GAYA ======================================================

1. Sukhdeo Yadav son of Late Jagdish Yadav

2. Santosh Yadav son of Sukhdeo Yadav Both residents of village - Manjhauli, P.S. - Barachatti, District - Gaya. .... .... Petitioners

Versus

The State of Bihar.

.... .... Opposite Party ====================================================== Appearance :

For the Petitioner/s : Mr. Bipin Kumar For the Opposite Party/s : Mr. S.M.Rahman(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 04-05-2016 Heard learned counsel for the petitioners and the learned Addl. Public Prosecutor, appearing on behalf of the State. This application for grant of anticipatory bail arises out of Barachatti P.S.Case No. 343/2014, disclosing offences under section 304B/34 of the Indian Penal Code.

It is evident from the First Information Report that petitioner no.1 is the brother of the father-in-law of the deceased, whereas petitioner no.2 is the son of petitioner no.1. Learned counsel, appearing on behalf of the petitioners, has submitted that there is no specific allegation against these petitioners of having made any demand for dowry or any torture therefor. He has submitted that these petitioners have been living separately from the family of the husband of the deceased since

Patna High Court Cr.Misc. No.18237 of 2015 (6) dt.04-05-2016 long and their implication is malicious.

Considering the submission that there is no specific allegation against these petitioners of any demand of dowry, this application is allowed.

Let the petitioners, abovenamed, in the event of their arrest/ surrender before the court below within six weeks from today, be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Gaya in Barachatti P.S.Case No. 343/2014, subject to the conditions as laid down under section 438(2) of the Cr.P.C.

This is subject to the condition that the petitioners shall present themselves before the police/ court, as the case may be, as and when required and in the event of failure on their part to appear before the court on two consecutive occasions, their bail bonds shall be liable to be cancelled.

(Chakradhari Sharan Singh, J) Surendra/- U