Arvind Yadav And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.46663 of 2018 Arising Out of PS.Case No. -49 Year- 2014 Thana -MAHILA PS District- JEHANABAD ======================================================

1. Arvind Yadav, S/o Rameshwar Prasad Singh,

2. Gyanti Devi, W/o Arvind Yadav,

3. Khushboo Kumari @ Archana Bharti, D/o Arvind Yadav,

4. Amrita Bharti @ Shobha Kumari, D/o Arvinnd Yadav, All are R/o Vill.- Nijamat, P.S.- Dhanarua, District- Patna. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Bhaskar Shankar, Advocate For the Opposite Party/s : Mr. S. Ehteshamuddin, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 3/ 25-08-2018 Heard learned counsel for the petitioners and learned APP for the State.

Petitioners apprehend their arrest in Jehanabad Mahila P.S. Case No.49 of 2014 instituted for the offence under Section 304(B) Indian Penal Code.

Counsel for the petitioners has submitted that petitioner Nos.1 and 2 are Mausa and Mausi of husband of the deceased. Petitioner Nos.3 and 4 are daughters of petitioner Nos. 1 and 2. The police after investigation has not sent up them for trial but Court below has taken cognizance against the petitioners also for the offence under Section(s) 304-B Indian Penal Code. In the written report, there is no any specific allegation of overt act against the petitioners.

Patna High Court Cr.Misc. No.46663 of 2018 (3) dt.25-08-2018 2/2 In the facts and circumstances of the case, prayer of the petitioners for grant of anticipatory bail is allowed. In the event of surrender/arrest of the petitioners, named above, within six weeks from today in connection with Jehanabad Mahila P.S. Case No.49 of 2014, they shall be released on anticipatory bail on furnishing bail bond of Rs.10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the Sub-Divisional Judicial Magistrate, Jehanabad, subject to the conditions as laid down under Section 438(2) Cr. P. C.

with further conditions: (1) bailors should be local having sufficient immovable property within the jurisdiction of the court concerned, (2) petitioners shall cooperate in the trial and shall be present on each and every date fixed by the court and their absence on two consecutive dates without proper and reasonable reason will be liable to cancel their bail bonds and (3) if petitioners tamper with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioners.

(Sanjay Priya, J) JA/- Rohit Kr.

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