Chandar Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.58259 of 2021 Arising Out of PS. Case No.-316 Year-2018 Thana- JHAJHA District- Jamui ====================================================== 1.

Chandar Yadav S/O Bishu Yadav R/O Village-Dholkatwa, P.S- Gidhaur, District-Jamui.

2.

Panma Devi W/O Chandar Yadav R/O Village-Dholkatwa, P.S- Gidhaur, District-Jamui.

3.

Kuldip Yadav S/O Sanichar Yadav R/O Village-Teliyadih, P.S- Jhajha, District-Jamui.

... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Pramod Kumar, Advocate For the Opposite Party/s :

Mrs.Asha Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 08-04-2022 Heard learned counsel for the petitioners and learned APP for the State through virtual mode.

Counsel for the petitioners is directed to remove the defect(s), as pointed out by the office, within a period of four weeks.

Learned Counsel for the petitioners seeks permission to withdraw the present application on behalf of petitioner No.3, as the petitioner No.3 has been taken into judicial custody. Permission is accorded.

The application filed on behalf of petitioner No.3 is dismissed as withdrawn.

Patna High Court CR. MISC. No.58259 of 2021(2) dt.08-04-2022 2/3 The petitioner Nos.1 and 2 are apprehending their arrest in a case registered under Sections 304(B), 302, 120(B), 201, 498(A) and 34 of the Indian Penal Code and Sections 3⁄4 of Dowry Prohibition Act.

Allegation is that the accused persons including the petitioner Nos.1 and 2 caused death of the daughter and two grand daughters of the informant due to non-fulfilment of demand of dowry.

It has been submitted on behalf of the petitioner Nos.1 and 2 that the petitioner Nos.1 and 2 have got no criminal antecedent and there is no allegation of tampering of witnesses alleged against the petitioner Nos.1 and 2. The petitioner Nos.1 and 2 have falsely been implicated in this case. The petitioner No.1 is uncle-in-law and petitioner No.2 is aunt-in-law of the deceased. They are separate in mess and property from the husband of the deceased. The petitioners have got no concern with the alleged occurrence. The petitioner No.2 is a lady. From perusal of the order of the Sessions Court, it appears that the witnesses examined during course of investigation in paragraph Nos.8, 9, 11, 21 and 30 of the case diary have stated that the daughter of the informant took her two daughters with her on railway track and committed suicide.

Patna High Court CR. MISC. No.58259 of 2021(2) dt.08-04-2022 3/3 On behalf of the State, it is submitted that the petitioner Nos.1 and 2 are named in the complaint case/F.I.R. Considering the facts and circumstances of the case, the petitioner Nos.1 and 2, above named, in the event of arrest or surrender before the learned court below within a period of twelve weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Jamui in connection with Jhajha P.S. case No.316/2018, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Sudhir Singh, J) Narendra/- U T