Barri Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.57916 of 2022 Arising Out of PS. Case No.-198 Year-2021 Thana- PARASBIGHA District- Jehanabad ====================================================== 1.
BARRI YADAV S/o Late Sukku Yadav 2.
LAKHMUNI DEVI W/o Barri Yadav Both Resident of village- Jaman Bigha, P.S.- Paras Bigha, DistrictJehanabad ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Purushotam Sharma, Advocate For the Opposite Party/s :
Mr.Satyendra Narayan Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 06-02-2023 Heard learned counsel for the petitioners and learned APP for the State.
The petitioners apprehend their arrest in connection with Paras Bigha P.S. Case No.198 of 2021 instituted under Sections 498(A), 304(B) and 34 of the IPC.
As per the prosecution story, the informant alleged that the lady (deceased) was married to Ram Shankar Prasad on 14.05.2020 but was tortured for dowry and on 04.12.2021 they came to know about her death. Accordingly, the FIR was lodged.
Learned counsel for the petitioners submit that they are father-in-law and mother-in-law, had no role to play in the matter, the lady actually committed suicide, the husband who
Patna High Court CR. MISC. No.57916 of 2022(2) dt.06-02-2023 2/3 was declared juvenile has subsequently been released on bail vide order dated 24.06.2022 from the Juvenile Justice Board, Jehanabad.
Let the same be kept on record.
Mr. Satyendra Narayan Singh, learned APP has gone through the order and has confirmed that the order relates to the deceased husband.
Taking into account the aforesaid facts as also that the petitioners do not have criminal antecedent, they will be facing the trial, this Court is inclined to grant them privilege of bail. Let the petitioners be released on bail, in the event of their arrest or surrender before the Sub-ordinate court within a period of four weeks from the receipt of this order, on furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) each with two sureties of the like amount each in connection with Paras Bigha P.S. Case No.198 of 2021 to the satisfaction of learned A.C.J.M., Jehanabad, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. with further conditions that: (i) one of the bailor should be the family member of the petitioners who shall provide official document to show his/her bona fide;
(ii) the petitioners will make himself available to the
Patna High Court CR. MISC. No.57916 of 2022(2) dt.06-02-2023 3/3 police as and when required in course of investigation; (iii) the petitioners shall appear on each and every date before the Trial court and failure to do so for two consecutive dates without plausible reason will entail cancellation of their bail bond by the Trial court itself; (iv) the petitioners shall in no way try to induce or promise or threat the witnesses or tamper with the evidences, failing which the State shall be at liberty to take steps for cancellation of the bail bonds;
(v) the petitioners shall desist from committing any criminal offence again failing which the State shall be at liberty to take steps for cancellation of the bail bonds. (Rajiv Roy, J) Prakash Narayan /- U T