Harinath Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.69628 of 2023 Arising Out of PS. Case No.-320 Year-2022 Thana- MADHUBANI COMPLAINT CASE District- Madhubani ====================================================== 1.

Harinath Yadav Son Of Late Tirpit Yadav Resident Of Village - Behta, P.S. - Khajauli, District - Madhubani 2.

Nirmal Devi Wife Of Harinath Yadav Resident Of Village - Behta, P.S. - Khajauli, District - Madhubani ... ... Petitioner/S

Versus

1.

The State Of Bihar 2.

Shila Devi Wife Of Ramashray Yadav Resident Of Village - Jaypatti, P.S. - Rajnagar, District - Madhubani ... ... Opposite Party/S ====================================================== Appearance :

For the Petitioner/s :

Mr. Manoj Kumar Pandey For the Opposite Party/s :

Mr. Md. Ataur Rahman ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 01-11-2023 Heard learned counsel for the petitioners and the State.

2. Petitioners apprehend arrest in a case registered for the offence punishable under sections 306, 498A , 304( B ), 506 and 120 ( B ) of the Indian Penal Code . 3 . As per the prosecution case, daughter of the complainant married to Rajur Kumar Yadav on 09.05.2021 . After marriage she went to her matrimonial house, where these petitioners started torturing her for dowry. On 19.03.2022, being fed-up with the torture , daughter and son-in-law of the

Patna High Court CR. MISC. No.69628 of 2023(2) dt.01-11-2023 2/3 complainant committed suicide .

4. Petitioners are in-laws of the daughter of the deceased. It is next submitted that, as a matter of fact, just after the occurrence on March 20, 2022, the complainant gave a written petition to the police stating that her daughter and sonin-law committed suicide on March 19, 2022, and according to the postmortem report, the cause of death was found to be hanging and as such there was no involvement of the petitioners in the alleged occurrence. There is no allegation against these petitioners that there was any active or direct act leading to commit suicide . It is further submitted that after one month of the alleged occurrence, the present complaint petition was filed only with a view to harass these petitioners. Petitioners claim clean antecedent.

5 . Learned counsel for the State opposes the bail petition .

6. Considering the aforesaid facts and circumstances of the case, in the event of arrest or surrender within six weeks from today, let this petitioner, as named above, be enlarged on bail on furnishing bail bond of Rs.10,000/-(ten thousand) each with two sureties of the like amount each to the satisfaction of the learned SDJM, Madhbani District- Madhubani in

Patna High Court CR. MISC. No.69628 of 2023(2) dt.01-11-2023 3/3 connection with Complaint case C.R No. 320 / 2022 , subject to the conditions laid down under section 438 of the Code of Criminal Procedure.

(Prabhat Kumar Singh, J) Koushik/- U T