Upendra Yadav And ORS v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.23616 of 2017 Arising Out of PS.Case No. -100 Year- 2017 Thana -GOGRI District- KHAGARIA ======================================================

1. Upendra Yadav, son of Garib Yadav

2. Naval Yadav, son of Kapo Yadav

3. Samtola Devi, wife of Naval Yadav

4. Paro Yadav, son of Jagdish Yadav

5. Brajesh Yadav, son of Paro Yadav

6. Rabin Yadav, son of Bhupi Yadav

7. Yadu Yadav @ Padu Yadav, son of Bhupi Yadav All residents of village Bhuria Diyara, Police Station Gogri, District Khagaria .... .... Petitioner/s

Versus

1. The State of Bihar

2. Munni Devi, wife of Vikram Yadav and daughter of Anant Yadav, resident of village Vasdeopur, Police Station Gogri, District Khagaria .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Syed Masleh-Uddin Ashraf For the Opposite Party/s : Dr. Indiwar Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 14-07-2017 Heard learned Counsel for the petitioners and learned Additional Public Prosecutor for the State. This application, for grant of anticipatory bail, arises out of Gogri Police Station Case No. 100 of 2017, disclosing offences under Section 498A of the Indian Penal Code and Sections 3/4 of the Dowry Prohibition Act. The petitioners are the in-laws of the informant. The matrimonial discord appears to be the root cause of lodging of the First Information Report.

The Courts have taken judicial notice of the fact

Patna High Court Cr.Misc. No.23616 of 2017 (2) dt.14-07-2017 2/3 that family members of the husband are implicated in order to create pressure on the husband and his family members. There is no reason for this Court to feel that if granted anticipatory bail, the petitioners shall flee from the course of investigation or trial.

It is submitted that the petitioners shall present themselves before the police as and when required and there is no chance that they will tamper with the evidence or influence the witnesses.

Considering the nature of accusation and submissions advanced on behalf of the petitioners, this application is allowed.

Let the petitioners, namely, Upendra Yadav, Naval Yadav, Samtola Devi, Paro Yadav, Brajesh Yadav, Rabin Yadav and Yadu Yadav @ Padu Yadav, in the event of their arrest or surrender before the Court below within six weeks, be released on 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, Khagaria, in connection with Gogri Police Station Case No. 100 of 2017, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.

This is subject to the condition that the

Patna High Court Cr.Misc. No.23616 of 2017 (2) dt.14-07-2017 3/3 petitioners shall present themselves before the police/Court, as the case may be, as and when required and in the event of failure on their part to appear before the Court on two consecutive occasions, their bail bonds shall be liable to be cancelled.

(Chakradhari Sharan Singh, J.) Prabhakar Anand/- U √ T √