Uchit Yadav And ANR v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.27234 of 2017 Arising Out of PS.Case No. -31 Year- 2017 Thana -SANGRAMPUR District- MUNGER ======================================================
1. Uchit Yadav, Son of Late Chaudhary Yadav,
2. Subidha Devi, W/o Uchit Yadav, Both are Resident of Village- Bhandar, P.S.- Tetia Bambar Sangrampur, District- Munger. .... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Ajit Kumar Singh For the Opposite Party/s : Mr. Sri Manoj Kumar - 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 01-07-2017 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.
This application for grant of anticipatory bail arises out of Sangrampur (Tetia bambar) Police Station Case No. 31 of 2017, disclosing offences under Sections 302/34 of the I.P.C. and 3⁄4 of Dowry Phohibition Act.
It is a case of the prosecution that the deceased is one and half year child, who is said to have been killed by the accused persons, including these petitioners.
The informant is the mother of the deceased and according to the case of the prosecution, the husband of the informant, her father-in-law and mother-in-law were trying to
Patna High Court Cr.Misc. No.27234 of 2017 (2) dt.01-07-2017 2/3 assault her and demanding dowry from her matrimonial home and in that course they snatched the said child from her possession and killed him by throttling his neck.
Learned counsel appearing on behalf of the petitioners has submitted that the petitioners are father-in-law and mother-inlaw of the informant and they are the grand parents of the deceased child. According to him, the petitioners have been made accused only because of some matrimonial dispute between the informant and her husband. It has also been submitted that the prosecution story does not support the evidence. Considering the submission, as above, this application is allowed.
Let the petitioners, above named, in the event of their arrest or surrender before the court below within six weeks, be released on bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned A.C.J.M. 2nd, Munger, in connection with Sangrampur (Tetia bambar) P.S. Case No. 31 of 2017, subject to the condition laid down under Section 438(2) of the Code of Criminal Procedure.
This is subject to the condition that the petitioners shall present themselves before the police/Court, as the case may be, as
Patna High Court Cr.Misc. No.27234 of 2017 (2) dt.01-07-2017 3/3 and when required and in the event of failure on their part to appear before the Court on two consecutive occasions, their bail bonds shall be liable to be cancelled.
(Chakradhari Sharan Singh, J) khushbu/- U T