Badri Yadav And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.17325 of 2017 Arising Out of PS.Case No. -13 Year- 1996 Thana -BELHAR District- BANKA ======================================================

1. Badri Yadav S/o Late Rohan Yadav @ Late Hiraman Yadav,

2. Rani Devi, Wife of Badri Yadav, Both Resident of Village- Bela, Police Station- Belhar, District- Banka.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ajay Mukherjee For the Opposite Party/s : Mr. Sri Umeshnand Pandit ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 09-05-2017 Heard both sides.

The petitioners apprehend their arrest in Belhar P.S. case No. 13 of 1996 under Section 302, 304B, 201/34 of the Indian Penal Code and under Section 3⁄4 of Dowry Prohibition Act. The informant alleged that he married his daughter, Lalita Kumari, with Rajendra Yadav in the year 1990 but her husband and in-laws subjected her to physical and mental torture and on 20.01.1996 the informant came to know that his son-in-law and his parents killed his daughter and cremated her dead body. The learned counsel for the petitioners submits that petitioners are father-in-law and mother-in-law of the deceased. The police after investigation submitted final form finding the case

Patna High Court Cr.Misc. No.17325 of 2017 (2) dt.09-05-2017 2/2 mistake of facts in the year 1996 itself but the learned Chief Judicial Magistrate took cognizance under Section 302, 304B, 201/34 of the IPC and under Section 3⁄4 of Dowry Prohibition Act on 21.07.2014. The deceased died her natural death. She was married in the year 1990 but she died in the year 1996. The petitioners are father-in-law and mother-in-law of the deceased. Considering the facts aforesaid and the nature of allegations made against the petitioners, the above named petitioners, in the event of their arrest or surrender before the learned court below within a period of four weeks from the date of receipt / production of a copy of this order, are directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Smt. Saroj Krity, learned Judicial Magistrate, 1st class, Banka in Belhar P.S. Case No. 13 of 1996, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Prabhat Kumar Jha, J) BKS/- U T