Ram Nandan Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.63289 of 2021 Arising Out of PS. Case No.-28 Year-2015 Thana- LADANIA District- Madhubani ====================================================== 1.

Ram Nandan Yadav S/O Ram Udgar Yadav R/O Village-Bisanpur, P.SLadaniya, District-Madhubani. 2.

Ram Khelawan Yadav S/O Ram Udgar Yadav R/O Village-Bisanpur, P.SLadaniya, District-Madhubani. 3.

Ram Udgar Yadav S/O Manai Yadav R/O Village-Bisanpur, P.S-Ladaniya, District-Madhubani.

4.

Chandi Devi @ Smt. Chandi Devi R/O Village-Bisanpur, P.S-Ladaniya, District-Madhubani.

... ... Petitioners

Versus

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

For the Petitioner/s :

Mr.Ravi Prakash For the Opposite Party/s :

Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 14-06-2022 Heard learned counsel for the parties.

Learned counsel for the petitioners is permitted to remove defect(s), as pointed out by the office, if any, within a period of four weeks from today.

The petitioners seek anticipatory bail in connection with Ladaniya P.S. Case No. 28 of 2015, registered for the offences under Sections 302, 304(B) of the Indian Penal Code and Section 2, 3, 4 Dowry Prohibition Act.

The main submissions advanced by learned counsel for the petitioners are that the petitioners are in-laws of the

Patna High Court CR. MISC. No.63289 of 2021(2) dt.14-06-2022 2/3 deceased and against them there is no specific allegation and the alleged demand of dowry was for the purpose of the main accused shiv Kumar so there was no reason for the said petitioners to commit any type of cruelty as alleged in the complaint with the deceased and moreover any specific role of them has not been mentioned in the complaint petition and after the investigation the police did not send up the petitioners and on the protest petition the Court below took cognizance after the lapse of 7 years.

Learned counsel appearing for the informant has opposed the prayer of bail and submitted that the bail prayer of co-acused carrying similar nature of allegation has been rejected by this Court and the allegation against the petitioners is also serious in nature and they do not deserve anticipatory bail. Heard both the sides and perused the FIR and documents annexed to the bail petition. The bail prayer of coaccused Shiv Kumar who is stated to be husband of the deceased has been rejected by this Court but from the perusal of the FIR the main demand of dowry which is stated to be Rs. 60,000/- was only for the purpose of co-accused Shiv Kumar and not for the present petitioners and any specific role of these petitioners in committing dowry death or murder of the

Patna High Court CR. MISC. No.63289 of 2021(2) dt.14-06-2022 3/3 deceased has not been mentioned.

Considered the above facts as well as above submissions let the petitioners, above named, in the event of their arrest/surrender within four weeks from today in the Court below, be released on bail on furnishing bail bond of Rs. 10,000/-(Ten Thousand) each with two sureties of the like amount each to the satisfaction of court concern in connection with Ladaniya P.S. Case No. 28 of 2015, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Shailendra Singh, J) siddharthkr/- U T