Dashrath Yadav And ANR v. The State Of Bihar

Patna High Court Cr.Misc. No.31667 of 2017 (2) dt.13-07-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.31667 of 2017 Arising Out of PS.Case No. -14 Year- 2017 Thana -KUTUMBA District- AURANGABAD ======================================================

1. Dashrath Yadav, son of Late Binda Yadav

2. Kunti Devi, wife of Dashrath Yadav Both are resident of village Mirpur, P.S. - Kutumba, District - Gaya. .... .... Petitioners

Versus

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

For the Petitioner/s : Mr. Bhaskar Shankar, Advocate For the Opposite Party : Mr. Sri Kalyan Shankar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 2.

13-07-2017 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State. The petitioners apprehend their arrest in relation to Kutumba P.S. Case No. 14 of 2017 registered under Sections 302, 201, 120(B) of the Indian Penal Code, pending before learned Additional Chief Judicial Magistrate - VII, Aurangabad.

Petitioner no. 1 is the father-in-law and petitioner no. 2 is the mother-in-law of the deceased. A perusal of the First Information Report shows that there is some specific allegation against petitioner no. 1. Learned counsel for the petitioners submits that both these petitioners reside at a different place. The husband is already in jail and therefore they should be

Patna High Court Cr.Misc. No.31667 of 2017 (2) dt.13-07-2017 granted privilege of Anticipatory Bail.

Considering the facts and circumstances of the case, I am not inclined to grant Anticipatory Bail to the petitioner no. 1.

Accordingly, prayer for Anticipatory Bail of petitioner no.1 is rejected.

So far as petitioner no. 2 is concerned, being mother-in-law and her name appears in the First Information Report without there being any specific allegation against her, in the event of her arrest/surrender before the court below within four weeks, let the abovenamed petitioner be enlarged on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand only) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-VII, Aurangabad, in connection with Kutumba P.S. Case No. 14 of 2017, subject to condition laid down under Section 438 (2) of the Code of Criminal Procedure.

(Rajeev Ranjan Prasad, J.) Rajeev/- U T