Dewan Yadav @ Devnandan Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.61148 of 2022 Arising Out of PS. Case No.-159 Year-2016 Thana- BARH District- Patna ====================================================== 1.
Dewan Yadav @ Devnandan Yadav Son of Late Chhotan Yadav Resident ofHasanchak (Bahrawan), P.S.- Barh, District- Patna 2.
Dharmendra Yadav @ Dharmendra Prasad Son of Dewan Yadav Resident of -Hasanchak (Bahrawan), P.S.- Barh, District- Patna 3.
Parbila Devi @ Pramila Devi Wife of Dharmendra Yadav Resident ofHasanchak(Bahrawan), P.S.- Barh, District- Patna 4.
Urmila Devi Wife of Dewan Yadav Resident of-Hasanchak(Bahrawan), P.S.- Barh, District- Patna ... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Vijay Kumar, Advocate For the Opposite Party/s :
Mr. A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 28-11-2022 Heard learned counsel for the petitioners and learned A.P.P. for the State.
Let the defect(s), if any, be removed within a period of four weeks.
The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 341, 323, 498(A) and 364/34 of the Indian Penal Code.
Learned counsel for the petitioners submits that petitioners are persons with clean antecedent and petitioners no. 3 and 4 are women and petitioner no. 4 is aged about 68 years. The informant alleges that his sister was married to
Patna High Court CR. MISC. No.61148 of 2022(2) dt.28-11-2022 2/3 Ranjan Yadav who was having illicit relation with his Bhabhi. Further, alleges that on 30.04.2016 his sister was beaten by the accused persons and since then his sister and his daughters are traceless.
Learned counsel for the petitioners submits that petitioners have been falsely implicated in the present case. It is further submitted that the victim on account of defence with her husband left her matrimonial home with one of her daughters leaving two daughters who are presently residing with the petitioners. It is next submitted that the husband, who was taken into custody, was granted provisional bail vide order dated 10.04.2017 by the learned court below itself. Learned counsel thus submits that the husband of the victim was already taken into custody and has been released on provisional bail and the allegation against the petitioners, from bare perusal of the FIR, is general and omnibus in nature.
Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioners.
Considering the submissions made by the learned counsel for the petitioners, the petitioners above-named, in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, be released on
Patna High Court CR. MISC. No.61148 of 2022(2) dt.28-11-2022 3/3 anticipatory bail on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/successor court in connection with Barh P.S. Case No. 159 of 2016, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.
(Satyavrat Verma, J) Kundan/- U T