Akela Yadav @ Ramdhin Yadav And ORS v. State Of Bihar And ANR
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.53845 of 2018 Arising Out of PS. Case No.-263 Year-2014 Thana- JEHANABAD COMPLAINT CASE District- Jehanabad ======================================================
1. Akela Yadav @ Ramdhin Yadav, S/o Ramashish Yadav,
2. Ramashish Yadav, Son of Late Rameshwar Yadav, Both are residents of Village- Beldarbigha, Police Station- Khodaganj, District- Nalanda.
3. Bugali Devi, Wife of Sanjay Yadav, resident of Village Meyar Garh, Police Station - Rajgir, District- Nalanda. ... ... Petitioner/s
Versus
1. The State of Bihar.
2. Kiran Kumari, D/o Ashok Yadav, Resident of Village Kandaul Tola, Bhawanipur, Police Station- Hulasganj, District- Jehanbad. ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Vibhuti Ranjan Sonvadra For the Opposite Party/s :
Mr. Sakir Ahmad ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 20-11-2018 Heard learned counsel for the petitioners and learned APP for the State.
The petitioners are apprehending their arrest in a case registered under Section 306/34 of the Indian Penal Code. The prosecution case, in short, is that Usha Devi, mother of complainant, had secretly lent huge amount of money and jewellery to her father and brother for expenses of cases. It is further alleged that some days prior to incident the petitioners had come to her house and some altercation happened between petitioners and her mother and due to that her mother committed suicide by hanging herself with help of rope on account of
Patna High Court Cr.Misc. No.53845 of 2018(3) dt.20-11-2018 2/3 abatement committed by the petitioners.
It has been submitted on behalf of the petitioners that the petitioners have got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioners. The petitioners have falsely been implicated in the present case. The complainant is none-else but the daughter of the deceased. The occurrence is said to have taken place on 21.01.2013 in the night. In respect of which, a case was instituted by the petitioner No.2, who happens to be the father of the deceased for an offence under Section 302 of the I.P.C. and other allied Sections on 04.02.2013. The daughter of the deceased after a period of 14 months i.e. on 25.03.2014 got a present complaint case instituted against the petitioners, who are brother, father and the married sister of the deceased. The present case is nothing but a malafide prosecution brought against the petitioners for putting pressure upon them for oblique reasons.
On behalf of the State, it is submitted that the petitioners are named in the complaint case.
Considering the aforesaid facts and circumstances, let the petitioners, above named, in the event of arrest/surrender before the learned court below within a period of six weeks
Patna High Court Cr.Misc. No.53845 of 2018(3) dt.20-11-2018 3/3 from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Sri Umesh Prasad, learned Judicial Magistrate, 1st class, Jehanabad in connection with Complaint case No.263(c) of 2014, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.
(Sudhir Singh, J) Narendra/- U T