Sikendra Yadav And ANR v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.26155 of 2017 Arising Out of PS.Case No. -12 Year- 2016 Thana -MURLIGANJ District- MADHEPURA ======================================================
1. Sikendra Yadav, son of Late Biranchi Yadav,
2. Kanhaiya Yadav, Son of Sikendra Yadav, Both are Resident of VillageKhari, P.S. Murliganj, District- Madhepura. .... .... Petitioner/s
Versus
1. The State of Bihar.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Dinesh Prasad Verma, Advocate For the Opposite Party/s : Smt. Anita Kumari Singh, A.P.P. ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 06-07-2017 Heard learned counsel for the petitioners and learned A.P.P. for the State.
Petitioner No. 1 is languishing in jail since 24.10.2016 whereas the petitioner No.2 is languishing in jail since 19.01.2017 in a case registered for offences punishable under Sections 341, 323, 498-A, 363/34 of the Indian Penal Code and 3/4 of Dowry Prohibition Act.
The prosecution case as lodged by the informant is that the marriage of his daughter was held two years earlier with one Kailash Yadav but on 09.1.2016 he received a call that his daughter was traceless from her in-laws' house and even after search, she could not be traced.
Patna High Court Cr.Misc. No.26155 of 2017 (3) dt.06-07-2017 2/3 It has been submitted by the learned counsel for the petitioners, the father-in-law and brother-in-law, respectively of the victim lady that there is no specific allegations levelled against them but are of general and omnibus nature and the victim lady was mentally weak due to this reason, she ran away from her house and the petitioners have no hand in this. It is further submitted that the petitioners have no criminal antecedents and charge sheet has already been submitted, hence, there is no chance of tampering with the prosecution evidence.
However, learned A.P.P. for the State submits that the petitioners are named in the F.I.R., hence, opposes the prayer for bail.
Considering the facts and circumstance of the case and materials on record , let the petitioner above named, be released on bail on furnishing bail bond of Rs. 10,000/- (Rs. Ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Madhepura in connection with Murliganj P.S.Case No. 12 of 2016, subject to the condition that the petitioners are directed to co-operate during trial and appear before the learned Court below on each and every date and failure to appear before the Court below on two consecutive
Patna High Court Cr.Misc. No.26155 of 2017 (3) dt.06-07-2017 3/3 dates without assigning any reason will entail cancellation of their bail bonds.
(Nilu Agrawal, J) Sudha/- U T