Bishnudeo Prasad Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.76426 of 2024 Arising Out of PS. Case No.-21 Year-2024 Thana- MAHILA PS District- Khagaria ====================================================== 1.
Bishnudeo Prasad Yadav S/o Sukhdeo Prasad Yadav Residents of MohallaNaya Tola, Ward No- 9, Near Chandi Sthan, Adarsh Gram, Tikrampur, PSVasudevpur, District- Munger 2.
Kiran Yadav W/o Bishnudeo Prasad Yadav Residents of Mohalla- Naya Tola, Ward No- 9, Near Chandi Sthan, Adarsh Gram, Tikrampur, PSVasudevpur, District- Munger ... ... Petitioner/s
Versus
1.
The State of Bihar 2.
Reema Divyanshi D/o Virendra Kumar R/o Mohalla - Naya Tola, ward no. 9, Near Chandi Sthan, Adarsh Gram, Tikrampur, P.o. and P.S. - Vasudevpur, Distt. - Munger, Presently Residing at her Maika situated at Sobha Shree, ward no. 14, Dumri Colony, Krishna Nagar, P.O. - Koshi College, P.O - Chitragupta Nagar, Distt. - Khagaria ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Piyush Saurav, Advocate Mr. Santosh Kumar Mishra, Advocate Mr. Nilabh Ranjan, Advocate For the Opposite Party/s :
Mr.Gauri Shankar Gupta For the Informant :
Mr. Diwakar Pd. Singh, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 14-11-2024
1. Heard learned counsel for the parties.
2. The petitioners have preferred this application for grant of anticipatory bail apprehending their arrest in connection with Mahila P.S. Case no. 21 of 2024 registered under sections 498A, 506 and 34 of the Indian Penal Code and sections 3 and 4 of the Dowry Prohibition Act.
3. As per the prosecution case, the informant states that the informant was married to the son of the petitioners
Patna High Court CR. MISC. No.76426 of 2024(2) dt.14-11-2024 2/3 herein on 9.12.2021 wherein various amounts and gifts as detailed in the F.I.R were given. Parents of the informant also spent huge amount in the marriage ceremony. It is further stated that not being satisfied with the gifts received, the accused persons including the petitioners herein took away the ornaments etc. of the informant. It was as a result of their instigation that no physical relationship was established between the husband and the wife. The informant states that her husband used to assault her and he is physically not capable. An attempt was made by him to kill her on 18.11.2023. She was abused and ousted from the house.
4. It is submitted by learned counsel for the petitioners that the petitioners are the father-in-law and the mother-in-law of the informant. The allegations levelled against them are false and concocted besides being general and omnibus in nature. The husband of the informant has already moved for grant of anticipatory bail vide Cr. Misc. no. 75440 of 2024. The petitioners have no criminal antecedent and undertake to cooperate in the case/trial.
5. Heard learned A.P.P for the State and learned counsel for the informant.
6. Having heard learned counsel for the parties and
Patna High Court CR. MISC. No.76426 of 2024(2) dt.14-11-2024 3/3 taking into consideration the allegation against the petitioners in the F.I.R, the relationship of the petitioners with the informant, the application for bail of the husband of the informant being pending in this Court and the petitioners not having any criminal antecedent, it is directed that both the petitioners above named, in the event of their arrest or surrender before the learned Court below within a period of four weeks, be released on anticipatory bail in connection with Mahila P.S. Case no. 21 of 2024 on each of them furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Sub-Divisional Judicial Magistrate, Khagaria.
(Partha Sarthy, J) Harsh/- U T