Sudhir Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.84155 of 2019 Arising Out of PS. Case No.-304 Year-2019 Thana- JHAJHA District- Jamui ====================================================== 1.

SUDHIR YADAV Son of Late Naurangi Yadav Resident of Village - Bhalgodee, P.S.- Jhajha, Distt.- Jamui.

2.

Tukani Devi W/o Sudhir Yadav Resident of Village - Bhalgodee, P.S.- Jhajha, Distt.- Jamui.

3.

Chhotu Yadav Son of Sudhir yadav Resident of Village - Bhalgodee, P.S.- Jhajha, Distt.- Jamui.

4.

Sanju Devi D/o Sudhir Yadav Resident of Village - Bhalgodee, P.S.- Jhajha, Distt.- Jamui.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Pramod Kumar For the Opposite Party/s :

Mrs. Pushpa Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 19-06-2020 At the outset of the argument, the learned counsel for the petitioners submits that petitioner No.1. Sudhir Yadav, has already been arrested and, therefore, the prayer for anticipatory bail on his behalf has become infructuous.

Accordingly, the same is dismissed as has become infructuous.

Heard both sides.

The matter has been taken up through video conferencing.

The petitioners apprehend their arrest in Jhajha P.S.

Patna High Court CR. MISC. No.84155 of 2019(4) dt.19-06-2020 2/3 case No. 304/2019 registered under Section 498A, 341, 342, 323, 307, 379, 506, 504/34 of the IPC.

The informant alleged that five years ago she was married with Bachu Yadav, son of petitioner No.1, Sudhir Yadav, and Tukani Devi, petitioner No.2. She came to her Sasural on 13.10.2019 but her father-in-law, Sudhir Yadav, mother-in-law, Tukani Devi, brother-in-law, Chhotu Yadav and sister-in-law, Sanju Devi, caught her and poured kerosene oil on her body in order to burnt her but the villagers came and saved herself.

The learned counsel for the petitioners submits that petitioners are mother-in-law, brother-in-law and sister-in-law of the informant and the petitioners have falsely been implicated in the case. The informant did not make any allegation of assault against the petitioners. Only allegation against the petitioners is that they poured kerosene oil on the body of informant but from perusal of the injury report it would appear that she got many bruises and this fact itself shows the manufacturing of injuries. The petitioners have no manner of concern with the family affairs of the informant. The informant has not made her husband as accused in the case. On account of family dispute this false case has been instituted.

Patna High Court CR. MISC. No.84155 of 2019(4) dt.19-06-2020 3/3 Considering the facts aforesaid and nature of allegation made against the petitioners and the fact that the petitioners are mother-in-law, brother-in-law and sister-in-law of the informant, the petitioners No.2. Tukani Devi, 3. Chhotu Yadav and 4. Sanju Devi in the event of their arrest/ surrender before the court below within a period of four weeks from the date of receipt/ production of a copy of this order are directed to be enlarged on bail on their furnishing bail bond of Rs. 10,000/- (rupees ten thousand) each with two sureties of the like amount each to the satisfaction of learned Sub divisional Judicial Magistrate, Jamui in connection with Jhajha P.S. case No. 304 of 2019, subject to conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Prabhat Kumar Jha, J) BKS/- U T