Sudish Yadav And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.38862 of 2015 Arising Out of PS.Case No. -342 Year- 2013 Thana -TURKAULIYA DistrictEASTCHAMPARAN(MOTIHARI) ======================================================
1. Sudish Yadav s/o late Indradeo Yadav
2. Bhim Yadav Bhim Kumar Yadav s/o Sudish Yadav
3. Gayaitry Devi w/o Sudish Yadav, all are resident of village- Babhnauliya, P.S- Turkaulia, Distt- East Champaran .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Pramod Kumar Pandey For the Opposite Party/s : Mr. Amit Kumar Rakesh(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 30-09-2015 Heard learned counsels for the petitioners and the State. The petitioners being parents of the husband of the victim are apprehending arrest in a case registered for the offences punishable under Sections 304B/34 of the Indian Penal Code.
The accusation is of killing the niece of the of the informant after seven years of marriage for non fulfillment of dowry demands.
It is submitted by the learned counsel for the petitioner that on conclusion of investigation the final form was submitted under section 302 IPC when the accusation is not specific against
Patna High Court Cr.Misc. No.38862 of 2015 (2) dt.30-09-2015 2/2 the petitioners. It is further submitted that the husband of the victim namely Naresh Yadav has been granted regular bail vide Cr. Misc. No. 2614 of 2014.
Considering the aforesaid facts, let the above named petitioners be released on provisional anticipatory for two months bail in the event of arrest or surrender before the learned Court below within a period of six weeks from today on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned CJM, Motihari in connection with Turkaulia P.S. Case No. 342 of 2013 subject to the conditions as laid down under Section 438(2) Cr.P.C. The provisional bail of the petitioner will be confirmed by the learned court below if it is found on verification of records that the processes under sections 82/83 Cr.P.C. have not issued against the petitioners but if it is found that the processes under sections 82/83 Cr.P.C. were issued or the petitioners had been declared absconders then the petitioners will surrender and pray for regular bail.
(Dinesh Kumar Singh, J) Anil/- U