Girdhar Yadav @ Girdhari Yadav And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.22211 of 2016 Arising Out of PS.Case No. -234 Year- 2015 Thana -CHAINPUR District- BHABHUA (KAIMUR) ======================================================
1. Girdhar Yadav @ Girdhari Yadav son of Ramadhin Yadav
2. Arbind Yadav @ Arvind Yadav @ Arvind Kumar son of Ramadhin Yadav
3. Gita Devi daughter of Ramadhin Yadav wife of Kamlesh Singh All residents of Village - Bima, Police Station - Chainpur, District - Kaimur at Bhabua. Petitioner No. 3 is at present resident of Village - Bahera, Police Station - Kudara, District - Kaimur at Bhabhua. .... .... Petitioner/s
Versus
1. The State of Bihar.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Upadhyay Saurabh Kumar For the Opposite Party/s : Mr.
====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 24-06-2016 Heard learned counsels for the petitioner and the State. The petitioners being the brothers and sister of the husband of the victim are apprehending arrest in a case initially registered for the offences punishable under Sections 341, 323, 307, 498A, 285 and 504 of the Indian Penal Code and Section 3/4 of the Dowry Prohibition Act subsequently Section 304B IPC was also added.
The prosecution case is that seven FIR named accused persons including the petitioners came and started abusing the informant for non-fulfillment of the dowry demand when all the accused persons caught hold of the victim and the husband of the
Patna High Court Cr.Misc. No.22211 of 2016 (3) dt.24-06-2016 2/2 victim poured kerosene oil while the father-in-law lit fire, subsequently the victim succumbed to the injuries. It is submitted by learned counsel for the petitioners that specific accusation is against the husband and father-in-law of the victim. The accusation against the petitioner is omnibus and general.
Learned APP after going through the case diary submits that the witnesses have supported the accusation of participation of the petitioners in the alleged crime.
Considering the nature of accusation, this Court is not inclined to grant anticipatory bail to the petitioner. Let the learned court below consider the prayer for regular bail of the petitioners if they surrender within a period of six weeks in connection with Chainpur P.S. Case No. 234 of 2015 pending in the court of learned ACJM, Kaimur at Bhabhua. Accordingly, the application is disposed of.
(Dinesh Kumar Singh, J) Amrendra/- U T