Bali Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.72179 of 2024 Arising Out of PS. Case No.-56 Year-2024 Thana- SAKURABAD District- Jehanabad ====================================================== 1.
Bali Yadav S/o Late Jiwan Yadav R/o vill - Pandeychak, P.S. - Shakurabad, Distt. - Jehanabad 2.
Subodh Yadav S/o Bali Yadav R/o vill - Pandeychak, P.S. - Shakurabad, Distt. - Jehanabad ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Nitesh Kumar For the Opposite Party/s :
Mr.Narsingh Tanti ====================================================== CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA ORAL ORDER 01-07-2025 Heard learned counsel for the petitioners, learned counsel for the Informant and learned APP for the State.
2. Petitioners apprehend their arrest in a case registered for the offences punishable under Sections 302,201/34 of the Indian Penal Code.
3. The allegation in the FIR is that upon an information that the informant's,daughter Reena Devi was not at her sasural, the informant along with others reached the house of the daughter and found some signs of disposal of the dead body on the banks of the river.
4. Learned counsel for the petitioners submits that the marriage of the deceased daughter of the informant had taken place with Pramod Kumar way back in the year 2008 and there was no issue out of the wedlock and no case has been filed at any earlier point of time with regard to any torture or cruelty
Patna High Court CR. MISC. No.72179 of 2024(6) dt.01-07-2025 2/3 being meted out to her. Further submission is that after lapse of 16 years of marriage, the deceased died on account of diarrhea and she was even taken to the hospital, where Dr. B.K.Jha declared her dead. This information was even given to the informant, who came and participated in the cremation and thereafter, lodged the present case, with oblique motive. Further submission is that partition had also taken place in the family and the present petitioners, who are father-in-law and brother-in law of the deceased were separate in residence and mess from the deceased and her husband Pramod Kumar. The attention of the court has also been invited to the fact that the husband, who is primarily responsible to the welfare of the wife was in custody at the time of filing of the present application as stated in paragraph-9 of the petition. However by subsequent order dated 22.03.2025 passed in Cr. Misc. No.1904 of 2025. He has also been granted regular bail upon consideration of facts.
7. Learned counsel for the Informant however opposes the grant of anticipatory bail on the ground that the deceased has been done to death by all the accused persons.
8. Considering the aforementioned facts and circumstances, I am inclined to grant privilege of anticipatory bail to the petitioners. Accordingly, in the event of their arrest/
Patna High Court CR. MISC. No.72179 of 2024(6) dt.01-07-2025 3/3 surrender within a period of four weeks from today, the petitioners be released on bail on furnishing bail bonds of Rs 10,000/- (ten thousand)with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/ successor court in Shakurabad P.S.Case No. 56 of 2024, subject to condition as laid down under Section 438(2) of the Cr.P.C and subject to the further condition:- (i) The petitioners would appear before the investigating officer of the concerned police station and would co-operate with him till the investigation is concluded against them.
(ii) After conclusion of investigation, the petitioners would appear on each or every date before the learned court concerned till charges are framed in this case. (Soni Shrivastava, J) N.K/- U T