Anil Yadav And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.25037 of 2016 Arising Out of PS.Case No. -31 Year- 2016 Thana -CHHABILAPUR District- NALANDA (BIHARSHARIFF) ======================================================

1. Anil Yadav,

2. Sanju Devi .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Raj Kishor Prasad For the Opposite Party/s : Mr. Ajit Kumar(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 08-08-2016 Heard learned counsels for the petitioners, informant and the State.

The petitioners being brother and brother's wife of the husband of the informant are apprehending arrest in a case registered for the offences punishable under Sections 342,323,498A,313 and 506/34 of the Indian Penal Code. The prosecution case is that the informant Shobha Devi was married with Arbind Yadav but after the marriage further demand of dowry was made. The informant was assaulted several times and pregnancy got terminated three times and ultimately her uterus was removed.

It is submitted by the learned counsel for the

Patna High Court Cr.Misc. No.25037 of 2016 (4) dt.08-08-2016 2/3 petitioners that the petitioners claim to be separate from the husband of the informant and the uterus was removed due to some medical problem for which consent was give by the husband and father in law of the informant. Documents to that effect have been brought on record by way of Annexure 2 series to the supplementary affidavit. It is submitted by learned counsel for the informant that thrice the pregnancy was terminated at the behest of the accused persons including the petitioners and ultimately, the uterus of the informant was maliciously removed.

Learned counsel for the State also, after going through the case diary, submits that pregnancy was terminated and uterus of the informant was removed. Considering the thrust of accusation against the husband of the informant and the accusation being omnibus and general against the entire inlaws family, let the above named petitioners be released on anticipatory bail in the event of arrest or surrender before the learned Court below within a period of twelve weeks from today on furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of

Patna High Court Cr.Misc. No.25037 of 2016 (4) dt.08-08-2016 3/3 learned CJM, Nalanda at Biharsharif in connection with Chhabilapur P.S. Case No. 31 of 2016 subject to the conditions as laid down under Section 438(2) Cr.P.C. (Dinesh Kumar Singh, J) Anil/ siddharth/- U T