Narayan Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.61450 of 2021 Arising Out of PS. Case No.-125 Year-2021 Thana- BENIPATTI District- Madhubani ====================================================== 1.

Narayan Yadav S/o Late Gyan Chand Yadav @ Ghanchandra Yadav R/o village- Behta, Ward No. 5, P.S.- Benipatti, District- Madhubani 2.

Sumitra Devi W/o Narayan Yadav R/o village- Behta, Ward No. 5, P.S.- Benipatti, District- Madhubani .. ... Petitioner

Versus

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

For the Petitioner/s :

Mr. Gajendra Yadav, Advocate For the Opposite Party/s :

Mr.Damodar Prasad Tiwary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 17-05-2022 Heard counsel for the parties.

Let the defect(s), if any, as pointed out by the office be removed within a period of four weeks.

The petitioners, being the father-in-law and motherin-law are in judicial custody in connection with Benipatti P.S. Case No. 125 of 2021 registered under sections 304(B), 302, 34 of the Indian Penal Code.

In this case, case diary was called for and has been received on 21.4.2022 which has been perused by the learned APP.

As per the FIR, the informant alleged that his sister was happily married six years ago but later the petitioners' son,

Patna High Court CR. MISC. No.61450 of 2021(3) dt.17-05-2022 2/3 Ram Ekbal Yadav started demanding dowry. On the fateful day, he got information that she has been killed and her dead body has been kept in the bathroom. He further alleged that the petitioners and other accused were absent from the place of occurrence when the informant reached their house on the information of death of his sister.

The learned counsel for the petitioners submits that the petitioners are father-in-law and mother-in-law and they have no role to play to the alleged death of the victim lady. He further submits that their son Ram Ekbal Yadav is in jail. Considering the fact that the petitioner no.2 is the mother-in-law, she is in jail since 17.6.2021 and she being lady; this Court is inclined to grant her the privilege of bail with certain conditions.

However, so far as the petitioner no.1 is concerned, his bail application is rejected for the present. Let the petitioner no.2 be released on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of like amount each to the satisfaction of learned A.C.J.M.-I, Benipatti, Madhubani, in connection with Benipatti P.S. Case No. 125 of 2021.

While the bail application of the petitioner no.1 is

Patna High Court CR. MISC. No.61450 of 2021(3) dt.17-05-2022 3/3 rejected, that of petitioner no.2 is allowed. With the aforesaid observation, the bail application is disposed of.

(Rajiv Roy, J) Ravi/- U T