Komal Yadav @ Kamla Yadav And ANR v. The State Of Bihar

Patna High Court Cr.Misc. No.50610 of 2015 (3) dt.10-12-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.50610 of 2015 Arising Out of PS.Case No. -36 Year- 2015 Thana -BAGAINGOLA District- BUXAR ======================================================

1. KOMAL YADAV @ KAMLA YADAV, S/O BAIDYA NATH YADAV.

2. PRABHAWATI DEVI, WIFE OF KOMAL YADAV @ KAMLA YADAV, BOTH ARE RESIDENTS OF VILLAGE - POKHRAHAN, TOLA P.S. - BAGAN GOLA, DISTRICT - BUXAR.

.... .... PETITIONER/S

VERSUS

THE STATE OF BIHAR.

.... .... OPPOSITE PARTY/S ====================================================== Appearance :

For the Petitioner/s : Mr. Vijay Kumar, Advocate. For the Opposite Party/s : Mr. Suraj Deo Singh, Advocate. ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 10-12-2015 Heard learned counsel for the petitioners and the learned A.P.P. for the State.

The petitioners apprehend their arrest in connection with Bagan Gola P.S. Case No. 36 of 2015 registered under Sections 302 and 201/34 of the Indian Penal Code. The accusation is of killing of Chinta Devi, daughter of informant, by her husband due to non-fulfillment of demand of dowry.

Learned counsel for the petitioners submits petitioner nos. 1 and 2 are brother-in-law and sister-in-law of the deceased and they used to reside separate with Raju Yadav, husband of the

Patna High Court Cr.Misc. No.50610 of 2015 (3) dt.10-12-2015 deceased since 2012 but they have falsely been implicated in this case due to ulterior motive. It is further submitted it would appear from the F.I.R. that Chitnta Devi was issueless and her marriage was performed with Raju Yadav 12 years before and the allegation of demand of dowry is made only to harass the petitioners and family members.

Under the facts and circumstances of the case, let the above named petitioners be released on bail, in the event of their arrest or surrender before the learned Court below within a period of four weeks from today, 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, Buxar, in connection with Bagan Gola P.S. Case No. 36 of 2015, subject to the condition as laid down under Section 438(2) of the Cr.P.C. (Rajendra Kumar Mishra, J) Bhardwaj/- U T