Suresh Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.6979 of 2021 Arising Out of PS. Case No.-2 Year-2020 Thana- VALMIKINAGAR District- West Champaran ====================================================== 1.

SURESH YADAV Son of Late Mohan Yadav Resident of VillageHaraiyakot, Police Station - Valmikinagar, District West Champaran. 2.

Vidyawati Devi Wife of Suresh Yadav Resident of Village- Haraiyakot, Police Station - Valmikinagar, District West Champaran. 3.

Munna Kumar Yadav @ Munna Yadav not known Resident of VillageChandi Asthan, Police Station - Bagaha, District West Champaran. 4.

Anita Devi Wife of Munna Yadav Resident of Village- Chandi Asthan, Police Station - Bagaha, District West Champaran. ... ... Petitioners

Versus

The state of Bihar ... ... Opposite Party ====================================================== Appearance :

For the Petitioner/s :

Mr.Anand Kishore Choudhary For the Opposite Party/s :

Mr.A.G.

====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 15-12-2021 Learned counsel for the petitioners is directed to remove all the defects pointed out by the Stamp Reporter within one month.

Heard learned counsel for the petitioners as well as the learned APP for the State assisted by learned counsel for the informant.

The petitioners apprehend their arrest in connection with Valmikinagar P.S. Case No. 02 of 2020, registered for the offences punishable under Sections 30(B)/34 of the Indian Penal Code.

Patna High Court CR. MISC. No.6979 of 2021(2) dt.15-12-2021 2/3 The informant Shankar Yadav, lodged an FIR stating therein that the marriage of her daughter was solemnized with co-accused Manoj Yadav. The accused persons tortured his daughter for non-fulfillment of dowry demand. On 09.01.2020 at about 7.00 A.M. his son-in-law Manoj Yadav informed him that the daughter of the informant was not well, the informant rushed to her matrimonial house and saw dead body of the deceased lying on a bed. The informant also mentioned in the FIR that it appeared from bare perusal of the dead body that deceased was strangulated to death. The informant has also mentioned that the petitioners and husband of the deceased has murdered her.

Learned counsel for the petitioners has submitted that petitioner No. 1 and 2 are old mother-in-law and father-in-law whereas petitioner No. 3 and 4 are nandosi and nanad of the deceased and they have no concern to the alleged occurrence. He has also submitted that the husband of the deceased is in judicial custody.

Per contra, learned Additional P.P. assisted by learned counsel for the informant has submitted that the accused persons committed murder of the deceased and there is specific allegation against the petitioners that they were involved in the

Patna High Court CR. MISC. No.6979 of 2021(2) dt.15-12-2021 3/3 murder. He has also submitted that after rejection of anticipatory bail petition from the lower court, the petitioners are threatening the informant and his family members and they are influencing the investigation of the case. As such, the informant has filed a criminal writ petition in this Court.

Considering the allegations as well as the nature of the case, I am not inclined to grant anticipatory bail to the petitioners.

Office shall ensure that all defects are removed by the petitioner within the stipulated time provided in para-1 hereinabove, failing which the matter shall be brought to the notice of this Court.

(Nawneet Kumar Pandey , J) SONALI/- U T