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Patna High CourtCR. MISC./53541/2015disposed

Kishore Yadav And ORS v. The State Of Bihar

2015-11-24Mr. Justice Dinesh Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.53541 of 2015 Arising Out of PS.Case No. -269 Year- 2015 Thana -FATUHA District- PATNA ======================================================

1. Kishore Yadav Son of Late Gobardhan Yadav,

2. Indu Devi, Wife of Kishore Yadav,

3. Mitranjan Yadav,

4. Niranjan Yadav, Both Sons of Kishore Yadav, All Resident of Village - Zafarabad, Praveen Chak, P.S. - Fatuha, District - Patna. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Shiv Sager Sharma For the Opposite Party/s : Mr. Pradeep Nr.Kumar(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 24-11-2015 Heard learned counsels for the petitioners and the State. The petitioner no. 4 Niranjan Yadav being husband of the victim and petitioner nos. 1 to 3 being parents and brother of petitioner no. 4 are apprehending arrest in a case registered for the offences punishable under Sections 304B and 201/34 of the Indian Penal Code.

The accusation is of killing the daughter of the informant after one and half years of marriage for non fulfillment of dowry demands.

It is submitted by the learned counsel for the petitioners that the victim died as she was suffering from acute diarrhea and

Patna High Court Cr.Misc. No.53541 of 2015 (2) dt.24-11-2015 2/2 the informant subsequently retracted from the initial version. Considering the nature of accusation, this court is not inclined to grant anticipatory bail to petitioner no. 4 in connection with Fatuha P.S. Case No. 269 of 2015 pending in the court of learned J.M. Ist Class, Patna City, Patna. The prayer of petitioner no. 4 for anticipatory bail is rejected.

So far as petitioner nos. 1 to 3 are concerned, since the accusation is omnibus and general and considering the retracted version of the informant, let the above named petitioner nos. 1 to 3 be released on anticipatory bail in the event of arrest or surrender before the learned Court below within a period of twelve 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 learned J.M. Ist Class, Patna City, Patna in connection with the aforementioned case subject to the conditions as laid down under Section 438(2) Cr.P.C.

(Dinesh Kumar Singh, J) Anil/- U T