Ramjeet Kumar @ Ramjeet Yadav And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.29887 of 2018 Arising Out of PS.Case No. -52 Year- 2017 Thana -SONNAGAR RAIL P.S. District- GAYA ======================================================
1. Ramjeet Kumar @ Ramjeet Yadav
2. Sanjeet @ Sanjeet Yadav Both Sons of late Pukar Yadav
3. Alkhi Kunwar Wife of late Pukar Yadav All resident of Village- Shiva Bigha, P.S. Salaiya, District- Aurangabad.
.... .... Petitioners
Versus
1. The State of Bihar .... .... Opposite Party ====================================================== Appearance :
For the Petitioner/s : Mr. Sanjay Kumar, Adv. For the Opposite Party/s : Mr. Shailendra Kumar -2 ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 26-06-2018 Heard the parties.
Petitioners apprehend their arrest in connection with Sone Nagar Rail P.S. Case No. 52 of 2017, registered for the offences punishable under Sections 306 and 34 of the Indian Penal Code.
Allegation against the petitioners, who happens to be the husband, devar and mother of the deceased respectively, tortured the deceased physically and mentally due to non fulfillment of demand of dowry.
Submission of the learned counsel for the petitioners is that earlier U.D. case has been lodged thereafter the present case has been lodged. It has also been submitted that husband was not
Patna High Court Cr.Misc. No.29887 of 2018 (3) dt.26-06-2018 2/3 present at the time of occurrence rather he was at Delhi. Heard learned APP also, who has opposed the prayer for anticipatory bail of the petitioners stating that from the case diary it appears that witnesses of informant side have supported the allegations.
So far petitioner No. 1, husband of the deceased lady, I am not inclined to grant privilege of anticipatory bail to the petitioner rather petitioner surrenders and make prayer for regular bail, which shall be considered on its own merit. So far as the case of the petitioner No. 2 is concerned, in the event of arrest or surrender before the Court below within a period of six weeks from the date of the order, be released on anticipatory bail on furnishing bail bonds of Rs. 25,000/- ( Twenty five thousand) with two sureties of the like amount each in connection with Sone Nagar Rail P. S. Case No. 52 of 2017 to the satisfaction of learned Railway Magistrate, Gaya, subject to the conditions laid down under Section 438 (
2) Cr.P.C.
The case of the petitioner No. 3 is concerned, learned counsel for the petitioners submits that the petitioner No. 3 has already been arrested, as such, learned counsel for the petitioners seeks permission to withdraw this application.
Patna High Court Cr.Misc. No.29887 of 2018 (3) dt.26-06-2018 3/3 Permission is accorded.
This application is accordingly, dismissed as withdrawn. With the above observation, this application is disposed of.
(Vinod Kumar Sinha, J) Sudha/Priyanka/- U T