Kamleshwari Yadav And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.39589 of 2017 Arising Out of PS.Case No. -28 Year- 2016 Thana -MAHILA P.S. District- MADHEPURA ======================================================

1. Kamleshwari Yadav , son of Late Bunilal Yadav

2. Tara Devi, wife of Kamleshwari Yadav, both resident of villagePiprahi, P. s. Madhepura, District-Madhepura .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Pramod Kumar Singh For the Opposite Party/s : Mr. Sri Shailendra Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 19-08-2017 Heard learned counsel for the parties.

This application for anticipatory bail arises out of Mahila (Madhepura) P.S. Case N0. 28 of 2016, disclosing offences under Sections 498A, 494 of the Indian Penal Code and Sections 3/4 of the Dowry Prohibition Act. Petitioner No.1 is the father-in-law and petitioner No.2 is the mother-in-law of the informant..

It is evident from the materials on record that matrimonial discord between the husband and wife is the root cause for registration of the First Information Report. No purpose will be served, if the petitioners are taken into custody.

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 above named in the event of their arrest/surrender within six weeks from today in the Court below, be released on bail on furnishing bail bond of Rs. 10,000/-(ten thousand) each with two sureties of the like amount each to the satisfaction of the learned SubDivisional Judicial Magistrate, Madhepura in Mahila (Madhepura) P.S. Case No. 28 of 2016, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

This is subject to the condition that the petitioners shall present themselves before the Police/Court, as the case may be, as and when required and in the event of failure on heir part to appear before the Court on two consecutive occasions, their bail bonds shall be liable to be cancelled.

(Chakradhari Sharan Singh, J) ArunKumar/- U