Krishna Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.38152 of 2020 Arising Out of PS. Case No.-160 Year-2020 Thana- ISLAMPUR District- Nalanda ====================================================== 1.

KRISHNA YADAV S/o Late Rameshwar Yadav Resident of Village- Kewai, P.S.- Khudaganj, District- Nalanda 2.

SHEO KUMAR YADAV @ SHEO KUMAR S/o Shri Krishna Yadav Resident of Village- Kewai, P.S.- Khudaganj, District- Nalanda 3.

SHARDA DEVI W/o Sri Krishna Yadav Resident of Village- Kewai, P.S.- Khudaganj, District- Nalanda 4.

VINITA DEVI @ BENITA DEVI W/o Rajesh Kumar R/o Village- Beniya Bigha, P.S.- Ben, District- Nalanda ... ... Petitioners

Versus

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

For the Petitioner/s :

Mr.Bhola Kumar For the Opposite Party/s :

Mrs. Renu Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 07-04-2021 Heard learned counsel for the petitioners and learned APP for the State through virtual mode.

Learned counsel for the petitioners is directed to remove the defects, as pointed out by the Office, within a period of four weeks.

The petitioners are apprehending their arrest in a case registered under Sections 498A, 341, 323, 365/34 of the Indian Penal Code and 3⁄4 of Dowry Prohibition Act. Allegation against the petitioners is of committing torture upon the victim due to non-fulfilment of demand of

Patna High Court CR. MISC. No.38152 of 2020(2) dt.07-04-2021 2/3 dowry.

It has been submitted on behalf of the petitioners that the petitioners have got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioners. The petitioners have falsely been implicated in the present case due to petty family dispute. Petitioner no.1 is father-in-law, petitioner no. 2 is brother-in-law, petitioner no. 3 is mother-in-law whereas petitioner no. 4 is sister-in-law of the victim. They are separate in mess and property from the husband of the victim. They have got no concern with the alleged occurrence. The petitioners have relied upon the judgment of this Court in the case of Md. Naimul Haque Ansari @ Naimul Haque Ansari & Ors. Vs. The State of Bihar, reported in 2006(3) PLJR 182.

On behalf of the State, it is submitted that the petitioners are named in the Complaint Case/F.I.R. Considering the aforesaid facts and circumstances, let the petitioners, above named, in the event of arrest/surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of learned A.C.J.M.

Patna High Court CR. MISC. No.38152 of 2020(2) dt.07-04-2021 3/3 Hilsa, Nalanda in connection with Islampur P.S. Case No. 160 of 2020, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) Pankaj/- U T