Patna High CourtCR. MISC./55904/2018bail granted

Munki Devi And ANR v. The State Of Bihar

2018-10-30Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.55904 of 2018 ======================================================

1. Munki Devi, Wife of Chandeshwar Yadav,

2. Chandeshwar Yadav, Son of Late Janki Yadav, Both are resident of Village- Hasaura, Police Station- Jehanabad in the district of Jehanabad. .... .... Petitioners

Versus

The State of Bihar.

.... .... Opposite Party ====================================================== Appearance :

For the Petitioners : Mr. Sunil Kumar, Advocate. For the Opposite Party : Mr. Braj Kishore Prasad, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 30-10-2018 Heard learned counsel for the petitioners and learned counsel for the State.

The petitioners are apprehending their arrest in a case for the offence registered under Sections 304(B)/34 of the IPC. The prosecution story, in brief, is that the accused persons including the petitioners killed the victim due to nonfulfilment of demand of dowry. It has been submitted by learned counsel for the petitioners that the petitioners have got no criminal antecedent. There is no allegation of tampering with the witnesses alleged against the petitioners. The petitioners have been made accused in the present case due to mistake of fact. The petitioner no. 1 is mother-in-law and petitioner no. 2 is father-in-law of the deceased.

Patna High Court Cr.Misc. No.55904 of 2018 (3) dt.30-10-2018 2/2 They are separate in mess and property from the husband of the deceased. They have got no concern with the alleged occurrence. On behalf of the State, it is submitted that the petitioners are named in the F.I.R.

Considering the aforesaid facts and circumstances, let the petitioners above named, in the event of arrest or surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned C.J.M. Jehanabad, in connection with Jehanabad P.S. Case No. 466 of 2018, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

U.K./- (Sudhir Singh, J) U T