Bishundeo Yadav And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.55329 of 2018 Arising Out of PS.Case No. -62 Year- 2018 Thana -HUSSAINGANJ District- SIWAN ======================================================

1. Bishundeo Yadav, Son of Late Ram Narayan Yadav

2. Kunti Devi, Wife of Bishundeo Yadav, Both are residents of VillageDeipur, Police Station- Hussainganj, District- Siwan. .... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Ajay Kumar Tiwary For the Opposite Party/s : Mr. Rajkishore Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 01-11-2018 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners are apprehending their arrest in a case registered under Sections 498A, 304B/34 of the Indian Penal Code.

Allegation against the petitioners is of committing torture and caused death of the informant's daughter due to non-fulfillment of demand of 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. The petitioners are the father-in-law and the mother-in-law of the

Patna High Court Cr.Misc. No.55329 of 2018 (3) dt.01-11-2018 deceased respectively. They are separate in mess and property from husband of the deceased. The said fact is evident from paragraph-41 of the case diary. The petitioners have relied upon the statements of the witnesses recorded in paragraphs-4, 5, 51 & 52 of the case diary, which indicates that the deceased had committed suicide. It is not a case under Section-304B of the Indian Penal Code. The petitioners have got no concern with the alleged incident.

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 Chief Judicial Magistrate, Siwan in connection with Hussainganj P.S. Case No. 62 of 2018, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) A.K.V./- U T