Mira Devi And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.2560 of 2018 Arising Out of PS.Case No. -88 Year- 2014 Thana -BELHAR District- BANKA ======================================================

1. Mira Devi, W/o Binodi Yadav,

2. Sintu Kumar @ Sintu Kumar Yadav @ Pravin Kumar Yadav S/o Binodi Yadav, Both are R/o Village- Amgarwa, P.S.- Belhar, District- Banka. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ajit Kumar Singh For the Opposite Party/s : Mr. Sri Iftekhar Mahmood ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 16-01-2018 Heard the learned counsel for the petitioners and the learned A.P.P. for the State.

This is an application for grant of anticipatory bail in connection with Belhar PS case no. 88 of 2014 registered for the offences punishable under Sections 304B, 201/34 of Indian Penal Code.

The case of the prosecution is that the informant is the uncle of the deceased. It is alleged that his niece got married with Pintu Yadav on 11.07.2013. It is the further allegation that the informant got the information that his niece had been murdered whereafter, he along with his brothers and villagers reached the house of Binodi Yadav, father-in-law of the deceased however, no body was found at the house. It is also the case of the

Patna High Court Cr.Misc. No.2560 of 2018 (2) dt.16-01-2018 2/3 informant that on account of non-fulfilment of demand of dowry, the victim lady had been killed and her dead body was thrown in the field from where, the dead body was recovered. The learned counsel for the petitioners submits that there is no specific allegation against the petitioners herein, who are the mother-in-law and brother-in-law of the victim lady since the main allegation is against Shyam Yadav and Sagar Yadav; brothers of the husband of the victim and at best against Binodi Yadav, father-in-law of the deceased lady. It is further submitted that all the co-accused persons have been granted regular bail. It is true that the main accused persons namely Sagar Yadav, Shyam Yadav and Binodi Yadav have already been granted regular bail by this Court by the order dated 12.01.2018 passed in Cr.Misc. no. 62455 of 2017 and the order dated 12.05.2015 passed in Cr.Misc. no. 15038 of 2015 respectively.

Having regard to the facts and circumstances of the case, more particularly, the fact that rest of the co-accused persons have already been granted bail, the abovenamed petitioners, in the event of their arrest or surrender before the court below within a period of six weeks from the date of receipt/ production of a copy of this order, are directed to be released on anticipatory bail on furnishing bail bond of Rs. 10,000/- (Rs. Ten thousand) each with

Patna High Court Cr.Misc. No.2560 of 2018 (2) dt.16-01-2018 3/3 two sureties of the like amount each to the satisfaction of SubDivisional Judicial Magistrate, Banka in connection with Belhar PS case no. 88 of 2014 subject to the conditions as laid down under Section 438(2) of Code of Criminal Procedure. (Mohit Kumar Shah, J) rinkee/- U T