Dinesh Yadav And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.26365 of 2017 Arising Out of PS.Case No. -4 Year- 2017 Thana -BANKA District- BANKA ======================================================

1. Dinesh Yadav, Son of Late Bhuma Yadav,

2. Pawan Kumar @ Pawan Yadav, Son of Dinesh Yadav,

3. Chunki Devi, Wife of Dinesh Yadav, All are Resident of Village- Gorra, P.S.+District- Banka.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Sanjay Kumar Jha, Adv. For the Opposite Party/s : Mr. Prem Kumar Jha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 13-07-2017 Learned counsel for the petitioner prayed to withdraw the anticipatory bail petition of petitioner no. 3 Chunki Devi.

Prayer is allowed. The anticipatory bail petition of Chunki Devi is dismissed as withdrawn.

Heard both sides.

The petitioner no. 1 and petitioner no. 2 apprehend their arrest in Banka P.S. Case No. 04/2017, registered for the offences punishable under Sections 302, 201 and 34 of the Indian Penal Code.

The informant alleged that there was love affair between her brother-in-law Janardan Yadav and Rekha Kumari

Patna High Court Cr.Misc. No.26365 of 2017 (2) dt.13-07-2017 2/2 daughter of petitioner no. 1 Dinesh Yadav. All the petitioners took Janardan Yadav with them on assurance that they would solemnize marriage with Rekha Kumari, but the accused persons tied Janardan Yadav with a tree and brutally assaulted him causing his death.

Learned counsel for the petitioner submits that the F.I.R. was lodged after cremation of the dead-body. No such occurrence has taken place.

It appears that the informant has made specific allegation that petitioners have brutally assaulted Janardan Yadav after tying him with a tree and he died. Thereafter, the petitioners hurriedly cremated his dead-body Considering the facts aforesaid, I am not inclined to enlarge the petitioners above-named on anticipatory bail. Accordingly, the same is rejected.

(Prabhat Kumar Jha, J.) Vinita/- U T