Patna High CourtCR. MISC./41812/2016dismissed

Sharda Devi And ORS v. The State Of Bihar

2016-09-23Mr. Justice Navaniti Prasad Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.41812 of 2016 Arising Out of PS.Case No. -89 Year- 2016 Thana -ARIYARI District- SEKHPURA ======================================================

1. Sharda Devi W/O. Sitaram Yadav

2. Tushan Yadav Son of Sitaram Yadav , both resident of village May Amarpur, P.S. Ariayari, District Sheikhpura.

3. Leela Devi wife of Adhik Yadav

4. Adhik Yadav son of Upendra Yadav both resident of village Dalhar, P.S. Ariyari, District Sheikhpura.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ajit Kumar For the Opposite Party/s : Mr. Satyavarat Verma, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE NAVANITI PRASAD SINGH ORAL ORDER 23-09-2016 Heard learned counsel for the petitioners and learned A.P.P. for the State.

The petitioners apprehend arrest in a case registered for the offences punishable under sections 304-B & 201/34 of the Indian Penal Code.

The allegation is that the petitioners had been instrumental in killing the daughter-in-law for non fulfillment of the demand of dowry. How death took place has not been stated in the bail petition. The death has taken place within seven years of the marriage in the house of the petitioners. Therefore, it is for the petitioners to explain the cause of death. In the facts and circumstances of the case, I am

Patna High Court Cr.Misc. No.41812 of 2016 (2) dt.23-09-2016 2/2 not inclined to grant the privilege of anticipatory bail to the petitioners in connection with Ariyari P.S. Case No. 89 of 2016 pending in the court of the learned Sub-divisional Judicial Magistrate, Sheikhpura. This application for anticipatory bail is, accordingly, dismissed.

However, the petitioners may surrender in the court below within four weeks and pray for regular bail which will be considered and disposed of on its own merit in accordance with law without being prejudiced by this order. The court below may take into account the fact that petitioner no. 1 Sharda Devi is an old lady.

(Navaniti Prasad Singh, J) Amin/- U