Bhola Yadav And ORS. v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.50333 of 2015 Arising Out of PS.Case No. -44 Year- 2015 Thana -UCHAKAGAON District- GOPALGANJ ======================================================

1. Bhola Yadav Son of Jhapsi Yadav

2. Dulari Devi Wife of Bhola Yadav

3. Makuni Devi @ Kanti Devi Wife of Ramesh Yadav

4. Rabri Devi Wife of Suresh Yadav

5. Suresh Yadav wife of Bhola Yadav All Resident of village - Paithan Patti Chaiyya Tola, Police Station - Thawe, District - Gopalganj .... .... Petitioner/s

Versus

The State of Bihar .... .... Opposite Party/s ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 09-02-2016 Heard learned counsel for the petitioners and the State. The petitioners are apprehending their arrest in a case instituted under Sections 364, 120B, 201 and 498-A of the Indian Penal Code.

Allegation against the petitioners is of killing the granddaughter of the informant due to non-fulfilment of dowry. It is submitted on behalf of the petitioners that they have got no criminal antecedent. Petitioner no. 1 is the father-in-law of the deceased, petitioner no. 2 is the mother-in-law of the deceased, petitioner nos. 3 and 4 are the Gotnis of the deceased and petitioner no. 5 is the Bhaisur of the deceased. They have falsely been implicated in the present case. From perusal of para- 32 and onwards it is evident that more than five lacs rupees was sent by the husband of the deceased while he was working at Saudi Arab. Hence, there is no question of demand of dowry and the deceased had committed suicide for the reason as assigned in the F.I.R. Petitioners are separate in mess and property from the husband of

Patna High Court Cr.Misc. No.50333 of 2015 (3) dt.09-02-2016 2/2 the deceased.

On behalf of the State, it is submitted that petitioners are named in the F.I.R. From para-5 of the supplementary case diary it is evident that S.D.P.O. has found case true under Sections 498-A and 306 of the Indian Penal Code.

Considering the aforesaid facts and circumstances, let the above named petitioners, in the event of arrest or surrender in the court below within a period of six weeks, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand only) each with two sureties of the like amount each to the satisfaction of learned Sub-Divisional Judicial Magistrate, Gopalganj, in connection with Uchakagaon P.S. Case no. 44 of 2015, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) sudip/- U T