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Patna High CourtCR. MISC./47029/2017disposed

Sukhdeo Yadav And ORS v. The State Of Bihar

2017-11-09Mr. Justice Prabhat Kumar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.47029 of 2017 Arising Out of PS.Case No. -347 Year- 2017 Thana -BANKA District- BANKA ======================================================

1. Sukhdeo Yadav

2. Bijali Devi

3. Upendra Yadav .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Sanjay Kumar Jha For the Opposite Party/s : Mr. Sri Chaubey Jawahar ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 09-11-2017 Heard both sides.

The petitioners apprehend their arrest in Banka P.S. case No. 347 of 2017 under Section 302, 201/34 of the Indian Penal Code.

The learned counsel for the petitioner, after some argument, seeks permission to withdraw the anticipatory bail petition of petitioner No.3, Upendra Yadav, who happens to be husband of the deceased.

Prayer is allowed.

The anticipatory bail petition of petitioner No.3 is dismissed as withdrawn.

The learned counsel for the petitioners submits that petitioners are father-in-law and mother-in-law of the deceased

Patna High Court Cr.Misc. No.47029 of 2017 (3) dt.09-11-2017 2/2 and they never subjected the deceased to any sort of torture. The deceased herself committed suicide. The petitioners informed the father of deceased. The marriage was solemnized in the year 2013 and during this period of four years the deceased never complained any ill treatment at the hands of the petitioners. Considering the facts aforesaid and the nature of allegation made against the petitioners and the fact that the marriage was solemnized in the year 2013 and petitioners are father-in-law and mother-in-law of the deceased, the petitioners No.1 Sukhdeo Yadav and 2.

Bijali Devi, in the event of their arrest or surrender before the learned court below within a period of four weeks from the date of receipt/ production of a copy of this order are directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Banka in connection with Banka P.S. case No. 347 of 2017, subject to conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Prabhat Kumar Jha, J) BKS/- U T