Mahendra Yadav And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.47255 of 2014 Arising Out of PS.Case No. -55 Year- 2014 Thana -RAUTARA District- KATIHAR ======================================================

1. Mahendra Yadav son of Late Anandi Yadav

2. Pinku Yadav Son of Mahendra Yadav

3. Fatkan Yadav Son of Mahendra Yadav

4. Manjula Devi Wife of Mahendra Yadav All resident of Village - Chandwa, Police Station - Rautara, District - Katihar.

.... .... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s :

For the Opposite Party/s :

====================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL ORDER 23-04-2015 Heard learned counsel for the petitioners and learned A.P.P. for the State.

The petitioners apprehend arrest in Rautara P.S. Case No. 55 of 2014 dated 15.08.2014 instituted under Sections 306/498A/34 of the Indian Penal Code and 3/4 of the Dowry

Patna High Court Cr.Misc. No.47255 of 2014 (2) dt.23-04-2015 2/3 Prohibition Act.

Learned counsel for the petitioners submits that petitioners no. 1, 2 and 3 have already surrendered before the court below and thus the prayer for anticipatory bail of petitioners no. 1, 2 and 3 has become infructuous. It is submitted that petitioner no. 4 is the mother-in-law and as per the F.I.R. itself there is only general and omnibus allegation of abuse against her and other family members whereas there is specific allegation against the husband for demand of dowry, torture and assault and the said husband is already in custody. It is submitted that the petitioner no. 4 being a lady having no criminal antecedent deserves indulgence as the deceased, according to the F.I.R., had committed suicide.

Learned A.P.P. submits that there is allegation against petitioner no. 4 of abuse.

Considering the facts and circumstances of the case and submissions of learned counsel for the parties, in the event of arrest or surrender before the court below within six weeks from today, the petitioner no. 4 be released on bail upon furnishing bail bonds of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Katihar in Rautara P.S. Case No. 55 of 2014, subject

Patna High Court Cr.Misc. No.47255 of 2014 (2) dt.23-04-2015 3/3 to the conditions laid down in Section 438(2) of the Code of Criminal Procedure, 1973.

The petitioner no. 4 shall cooperate in the trial and be present before the Court on each and every date. Failure to cooperate or appear on two consecutive dates, without sufficient cause, shall lead to cancellation of her bail bonds. (Ahsanuddin Amanullah, J) Anjani/- U T