Chandeshwari Yadav And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.38627 of 2014 Arising Out of PS.Case No. -3174 Year- 2013 Thana -COMPLAINT CASE District- ARRARIA ======================================================
1. Chandeshwari Yadav son of late Banbari Yadav
2. Sushila Devi wife of Shri Chandeshwari Yadav
3. Ajay Kumar Yadav son of Shri Chandeshwari Yadav All are residents of Village - Raghunathpur South, Police Station - Bhargama, District - Araria.
.... .... Petitioners
Versus
1. The State of Bihar.
.... .... Opposite Party ====================================================== Appearance :
For the Petitioners : Mr. Mukesh Kumar Rana For the Opposite Party : Mr. Binod Kumar 2 (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 11-02-2015 Heard learned counsels for the petitioners, complainant and the State.
Petitioners being parents and brother of the husband of the complainant are apprehending their arrest in a complaint case in which processes have been issued after cognizance being taken for the offences punishable under Sections 379, 498A of the I.P.C.
The basic accusation is of torture.
It is submitted by learned counsel for the petitioners that complaint has been filed after one year of the date of the occurrence and thrust of accusation is against the husband of the complainant.
It is submitted by learned counsel for the complainant that accusation of torture is also levelled against
Patna High Court Cr.Misc. No.38627 of 2014 (2) dt.11-02-2015 2/2 the petitioners and petitioner No. 1 has filed a case against the complainant.
Learned counsel for the petitioners submits that petitioner No. 1 will withdraw/compromise the case lodged by him against the complainant.
Considering the aforesaid facts, let the petitioners, above named, in the event of their arrest or surrender before the Court below within a period of 12 weeks from today, 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 learned SubDivisional Judicial Magistrate, Araria in connection with Complaint Case No. 3174-C of 2013, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. The bail bonds of the petitioners will be accepted after filing appropriate application for withdrawal/compromise of the case lodged by petitioner No. 1 against the complainant.
(Dinesh Kumar Singh, J) Shageer/- U T