Manoj Kumar Yadav @ Manoj Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.81208 of 2019 Arising Out of PS. Case No.-96 Year-2019 Thana- ALOULI District- Khagaria ====================================================== 1.
MANOJ KUMAR YADAV @ MANOJ YADAV S/o Late Asin Yadav R/o village- Jagatpur, P.S.- Navgachhia, District- Bhagalpur 2.
Sunita Devi @ Sunita Roy W/o Manoj Kr. Yadav @ Manoj Yadav R/o village- Jagatpur, P.S.- Navgachhia, District- Bhagalpur ... ... Petitioner/s
Versus
The State of Bihar Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Ajay Mukherjee For the Opposite Party/s :
Mr.Prem Kumar Jha ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 25-02-2020 Learned counsel for the petitioner is permitted to make necessary correction in the prayer portion of the petition.
Heard learned counsels for the parties.
The petitioners being the uncle and aunt of the husband of the informant are apprehending arrest in a case registered for the offences punishable under Sections 323,307 and 498A of the IPC.
The prosecution case, as per the complaint case filed by Kanchan Kumari which came to be registered as police case after being transmitted under Section 156(3) of the Cr.P.C., is to the effect that the informant was married
Patna High Court CR. MISC. No.81208 of 2019(2) dt.25-02-2020 2/3 with the nephew of the petitioners in 2006 but subsequent to the marriage, torture was inflicted though the conjugal life was happy for three years. It is alleged that the accused persons tried to make an attempt on the life of the informant by causing burn injury.
It is submitted by learned counsel for the petitioners that the petitioners are uncle and aunt of the husband of the informant however there is specific accusation against the close in-laws family members including the husband of the informant. Statement has been made in paragraph 3 of the petition that the petitioners are not having any criminal antecedent.
Learned APP submits that the petitioners are named in the FIR.
Considering the specific accusation being levelled against the husband of the informant and other close in-laws family members and the statement made in paragraph 3 of the petition that the petitioners are not having any criminal antecedent, let the petitioners above named be released on anticipatory bail in the event of arrest or surrender within 12 weeks on furnishing bail bond of Rs.10,000/- (ten thousand) each with two sureties of the like amount each to the
Patna High Court CR. MISC. No.81208 of 2019(2) dt.25-02-2020 3/3 satisfaction of the learned CJM, Khagaria in connection with Alauli P.S. Case No.96 of 2019 subject to the conditions laid down in Section 438(2) of the Cr.P.C. (Dinesh Kumar Singh, J) anil/- U