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Patna High CourtCR. APP (SJ)/4774/2018allowed

Bibhishan Yadav And ANR v. The State Of Bihar

2019-02-21Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Appeal (SJ) No.4774 of 2018 Arising Out of PS. Case No.-583 Year-2018 Thana- MADHEPURA District- Madhepura ======================================================

1. Bibhishan Yadav son of Late Mahendra Yadav @ Late Mahendra Yadav

2. Amol Devi wife of Bibhishan Yadav @ Bibhishan Prasad Yadav Both are Resident of Village- Tuniyahi, P.S.- Madhepura, DistrictMadhepura ... ... Appellant/s

Versus

The State of Bihar Bihar ... ... Respondent/s ====================================================== Appearance :

For the Appellant/s :

Mr.Sanjay Kumar Singh For the Respondent/s :

Mr.Smt Usha Kumari No ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL JUDGMENT Date : 21-02-2019 Heard the parties.

The appellants are apprehending their arrest in connection with Madhepura P.S.Case no.583 of 2018 , registered for offences punishable under Sections 498A/34 of the Indian Penal Code and Sections 3(1)(r) of SC/ST (Prevention of Atrocities) Act. Allegation against the appellants who happens to be father-inlaw and the mother-in-law of subjecting the informant for cruelty with respect to demand of dowry.

Submission of the learned counsel for the appellants is that the FIR itself shows that the allegation of demand and other allegation are against the son of the appellants and there is general and omnibus allegation against the appellants. Appellant no.2 is named in the FIR and the name of the appellant no.1 has transpired during the course of investigation of the case.

Heard learned A.P.P. also.

Patna High Court CR. APP (SJ) No.4774 of 2018 dt.21-02-2019 2/2 Having heard both sides and in view of the facts and circumstances, as stated above the learned Special Judge within a period of six weeks from the date of order be released on bail on furnishing bail bond of Rs.25,000/- (Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of the learned Addl. Sessions Judge 1st Madhepura in connection with Madhepura P.S.Case No.583 of 2018, subject to condition as laid down under Section 438 (2) of the Code of Criminal Procedure.

With the aforesaid direction, this appeal is allowed. (Vinod Kumar Sinha, J) chn/- AFR/NAFR CAV DATE Uploading Date Transmission Date