Hira Lal Yadav And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.8860 of 2016 Arising Out of PS.Case No. -15 Year- 2015 Thana -LADANIA District- MADHUBANI ======================================================
1. Hira Lal Yadav S/o Late Raudi Yadav,
2. Indra Kumar Yadav, S/o Hiralal Yadav,
3. Kalyani Devi, W/o Hiralal Yadav, All resident of village - Parsahi, P.S. - Ladaniya, District - Madhubani.
4. Samari Devi, W/o Chandar Yadav, Resident of Village - Bishunpur, P.S. - Ladaniya, District - Madhubani.
.... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Ratanakar Jha For the Opposite Party/s : Mr. Anil Prasad Singh (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 25-02-2016 Heard learned counsels for the petitioners and the State. The petitioners are apprehending arrest in a case registered for the offences punishable under Sections 406,384,386 and 420/34 of the Indian Penal Code.
The prosecution case is that the daughter in law of the informant died due to diarrhea when the medical assistance was provided to her. The petitioners being parents and relatives of the daughter in law of the informant threatened to make payment of rupees one lac fifty thousand to two lacs and transfer four kathas of land otherwise threatened to implicate in the case as a result the informant executed saledeed of four kathas of land. The accused
Patna High Court Cr.Misc. No.8860 of 2016 (2) dt.25-02-2016 2/3 persons took away ornaments of the victim and lodged a case under sections 302 and 304B IPC and sections 2, 3 and 4 of Dowry Prohibition Act.
It is submitted by the learned counsel for the petitioners that the daughter of petitioner no. 1 was killed at the hands of the informant and others within three years of marriage as a result of petitioner no. 1 filed complaint case no. 971 of 2014 on 17.7.2014 which came to be registered as police case as Ladania P.S. Case No. 28 of 2015 under sections 302 and 304B IPC and sections 2, 3 and 4 of Dowry Prohibition Act on 24.3.2015 against the present informant but subsequently the present informant lodged Complaint Case No. 1346 of 2014 on 9.10.2014 against the petitioners with frivolous accusation which came to be registered as Ladania P.s. Case No. 15 of 2015 ( the present case) on 16.2.2015.
Considering the case lodged by the petitioners side at earlier point of time and admittedly daughter of petitioner no. 1 died at the informant's place, 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.8860 of 2016 (2) dt.25-02-2016 3/3 learned JM Ist Class, Madhubani, in connection with Ladania P.S. Case No.15 of 2015 subject to the conditions as laid down under Section 438(2) Cr.P.C.
(Dinesh Kumar Singh, J) Anil/- U T