Patna High CourtCR. MISC./45928/2024bail granted

Urmila Devi v. The State Of Bihar

2024-07-20Mr. Justice Shailendra Singh3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.45928 of 2024 Arising Out of PS. Case No.-308 Year-2022 Thana- BANKA District- Banka ====================================================== 1.

Urmila Devi W/o Nageshwar Yadav 2.

Nageshwar Yadav S/o Kaleshwar Yadav 3.

Sunil Yadav S/o Kaleshwar Yadav 4.

Ramesh Yadav S/o Kaleshwar Yadav 5.

Sarkal Yadav S/o Kaleshwar Yadav 6.

Bicky Yadav S/o Kaleshwar Yadav All Resident of village Shashan, P.S. - Banka, District. - Banka ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Praveen Kumar, Advocate For the Opposite Party/s :

Ms .Dr. Indiwar Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 20-07-2024

1. Heard learned counsel for the petitioners and the learned APP for the State.

2. The petitioners apprehend their arrest in connection with Banka P.S. Case No. 308 of 2022 dated 13.05.2022 registered for the offence(s) punishable under Section(s) 498A, 304B, 328 read with Section 34 of the Indian Penal Code.

3. Mr. Praveen Kumar, learned counsel for the petitioners submitted that all the petitioners are in-laws of the deceased, the main allegation is against the husband of the deceased who was chargesheeted by the police and during

Patna High Court CR. MISC. No.45928 of 2024(2) dt.20-07-2024 2/3 investigation, the investigating officer did not find any substance in the allegation levelled against the petitioners and finally the petitioners were not sent up for trial but the learned trial court differing with the conclusion of the police took cognizance against the petitioners also and summoned them. It is further submitted that the main accused Laxman Yadav, husband of the deceased, has been granted bail by this court vide order dated 27.02.2023 passed in Cr. Misc. No. 48768 of 2022 and for getting the appearance of the petitioners, the learned trial court has only issued summons against the petitioners who are in the apprehension of their arrest.

4. Ms .Dr. Indiwar Kumari, learned APP appearing for the State has opposed the bail prayer of the petitioners.

5. Having regard to the above submissions and mainly considering the facts that the marriage of the deceased took place in the year 2008 and the alleged occurrence took place several years after the marriage and during investigation the police did not find any substance in the allegations levelled against the petitioners and the main accused, husband of the deceased is on bail, in my opinion, the petitioners who are inlaws, deserve to the privilege of anticipatory bail. Accordingly, let the petitioners named-above, in the event of their

Patna High Court CR. MISC. No.45928 of 2024(2) dt.20-07-2024 3/3 arrest/surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail in connection with Banka P.S. Case No. 308 of 2022 on furnishing bail bond of Rs.10,000/-(Ten Thousand) each with two sureties of the like amount each to the satisfaction of the Court concerned, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Shailendra Singh, J) Rajiv/- U T