Bechan Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.76599 of 2019 Arising Out of PS. Case No.-197 Year-2019 Thana- PHULPARAS District- Madhubani ====================================================== 1.

Bechan Yadav Son of Madhu Yadav Resident of Navtol Siswa Barhi, P.SPhulparas, District-Madhubani. 2.

Makiya Devi @ Ramdai Devi Wife of Bechan Yadav Resident of Navtol Siswa Barhi, P.S-Phulparas, District-Madhubani. 3.

Kiran Kumari Daughter of Bechan Yadav Resident of Navtol Siswa Barhi, P.S-Phulparas, District-Madhubani.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Subhash Kumar Mishra, Advocate For the Opposite Party/s :

Mr. Upendra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 14-02-2020 Heard learned counsel for the parties.

Petitioners apprehend their arrest in a case registered for the offence punishable under sections 341, 323 and 498(A) of the Indian Penal Code and sections 3/4 of Dowry Prohibition Act.

Allegation is against the petitioners is that due to nonfulfillment of demand of dowry, they assaulted the complainant. Learned counsel for the petitioners submits that the petitioner no.1 is father-in-law, petitioner no.2 is mother-in-law and petitioner no.3 is sister-in-law (nanad) of the complainant and have falsely been implicated in the present case. He further submits that there is general and omnibus allegation against the petitioners and the petitioner nos. 1 and 2 have no concern with the affairs of the son and daughter-in-law and petitioner no.3 is married sister-in-law (nanad), who is residing in her

Patna High Court CR. MISC. No.76599 of 2019(2) dt.14-02-2020 2/2 matrimonial house. The petitioners have no criminal antecedent. Learned counsel for the opposite party vehemently opposes the prayer for bail of the petitioners and submits that there is allegation of assault against the petitioners. Considering the aforesaid facts and circumstances as well as nature of accusation, in the event of his arrest/surrender within a period of six weeks from today, let the above named petitioners be enlarged on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the Additional Chief Judicial Magistrate-II, Jhanjharpur in connection with Phulparas P.S. Case No. 197 of 2019, on the following conditions:-

(1) Petitioners shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court and shall remain physically present as directed by the Court and their absence on two consecutive dates without sufficient reason, their bail bond shall be cancelled by the Court below.

(2) If the petitioners tamper with the evidence or the witnesses, in that case the prosecution will be at liberty to move for cancellation of bail.

(Prabhat Kumar Singh, J) S.Katyayan/- U T