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Patna High CourtCR. MISC./54719/2017bail granted

Pawan Kumar Yadav @ Pawan Yadav And ANR v. The State Of Bihar

2018-04-04Mr. Justice Mohit Kumar Shah2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.54719 of 2017 Arising Out of PS. Case No.-110 Year-2016 Thana- JHAJHA District- Jamui ======================================================

1. Pawan Kumar Yadav @ Pawan Yadav , S/o Fuchan Yadav, Resident of Village- Mahapur, P.S.- Jhajha, District- Jamui.

2. Hemanti Devi, W/o Akalu Yadav, D/o Fuchan Yadav, Resident of village- Velwa Mohanpur, P.O.- Aghara, P.S.- Charkapather, Dist.- Jamui.

... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Amarendra Kumar For the Opposite Party/s :

Mr. Smt Pushpa Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 04-04-2018 Heard the learned counsel for the petitioners and the learned A.P.P. for the State.

This is an application for grant of anticipatory bail in connection with Jhajha P.S. Case No. 110 of 2016 registered for the offence punishable under Sections 304B/34 of the Indian Penal Code.

The allegation is regarding the accused persons having killed the victim lady on account of non-fulfillment of the demand for dowry.

The learned counsel for the petitioners submits that the Petitioner No. 1 is the brother-in-law of the deceased lady and the Petitioner No. 2 is the married sister-in-law of the deceased

Patna High Court Cr.Misc. No.54719 of 2017(5) dt.04-04-2018 2/2 lady. It is further submitted that the petitioners are living separately from the husband of the deceased lady, who has got main role to play in the present case. It is further submitted that the petitioners are having a clean antecedent. Perused the case diary from which it appears that there is no direct allegation of any sort of overt act in the present case, as against the petitioners, leading to the death of the deceased lady.

Having regard to the facts and circumstances of the case, I deem it fit and proper to enlarge the petitioners above named, in the event of their arrest or surrender before the court below within a period of six weeks from the date of receipt/production of a copy of this order, on anticipatory bail on furnishing bail bond of Rs. 10,000/- (rupees ten thousand) each with two sureties of the like amount each to the satisfaction of learned Sub-Divisional Judicial Magistrate, Jamui in connection with Jhajha P.S. Case No. 110 of 2016, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Mohit Kumar Shah, J) ajay gupta/- U T