Sunaina Devi And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.40013 of 2016 Arising Out of PS.Case No. -61 Year- 2016 Thana -KAKO District- JEHANABAD ======================================================

1. Sunaina Devi W/O Umesh Yadav

2. Umesh Yadav S/o Ishwari yadav

3. Subash Kumar S/o Umesh Yadav All are resident of Village- Barhara, P.S. Kako, District Jehanabad.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ratanakar Jha For the Opposite Party/s : Smt. Indu Bala Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 22-09-2016 Heard both sides.

The petitioners apprehend their arrest in Kako P.S. case No. 61/ 2016 under Section 304B, 201/34 of the Indian Penal Code.

The informant alleged that his sister was married with Kaushlendra Yadav, son of Umesh Yadav, about six years ago. Her husband was demanding motor cycle but due to paucity of money the informant could not gift the motor cycle to his brother-in-law. On 07.04.2016, the informant got information that his sister was killed and her dead body was disposed of. The learned counsel for the petitioners submits that petitioners are father-in-law, mother-in-law and brother-in-law of

Patna High Court Cr.Misc. No.40013 of 2016 (2) dt.22-09-2016 2/2 the deceased. The informant did not make any allegation against the petitioners about the demand of dowry and torture. The deceased and her husband were living separately and petitioners have no manner of concern with the family affairs of deceased and her husband.

Considering the facts aforesaid and the nature of allegations made against the petitioners and the fact that petitioners are father-in-law, mother-in-law and brother-in-law of the deceased, the above named petitioners, in the event of their arrest or surrender before the learned court below within a period of four weeks from the date of receipt / production of a copy of this order, are directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate-IV, Jehanabad in Kako P.S. Case No. 61 of 2016, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Prabhat Kumar Jha, J) BKS/- U T