Shiv Parshan Yadava @ Shiv Prasan Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.4846 of 2020 Arising Out of PS. Case No.-60 Year-2019 Thana- TEYAR District- Bhojpur ====================================================== 1.

Shiv Parshan Yadava @ Shiv prasan singh, Son of Late Halumat Yadav Resident of Village - Angrua, P.S. - Tiyar, Dist.- Bhojpur 2.

Lakhjhari Devi Wife of Shiv Prashan Yadava Resident of Village - Angrua, P.S. - Tiyar, Dist.- Bhojpur 3.

Rabiranjan Yadava @ Raviranjan Yadava Son of Shiv Prashan Yadava Resident of Village - Angrua, P.S. - Tiyar, Dist.- Bhojpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Manoj Kumar For the Opposite Party/s :

Mr. Nirmal Kumar Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 02-03-2020 Heard learned counsels for the petitioners and the State.

The petitioners, being parents and brother of the husband of the victim are apprehending arrest in a case registered for the offences punishable under Sections 328/304(B)/34 of the IPC. The prosecution case, as per the written report of Shakuntla Devi submitted to the Station House Officer, Tiyar Police Station, is to the effect that the daughter of the informant was married with co-accused Manoj Yadav on 16.05.2014. Subsequently, further dowry demand of a motorcycle was made and due to non-fulfillment of the same, daughter of the

Patna High Court CR. MISC. No.4846 of 2020(3) dt.02-03-2020 2/3 informant was being tortured by all the accused persons including the petitioner. It is further alleged that on 22.07.2019, the informant received information through his mobile phone that his daughter has been killed, subsequently, the informant went to her daughter's in-law house and found that his daughter has been killed by poisoning.

It is submitted by the learned counsel for the petitioner that thrust of accusation against the husband of the victim. The petitioners live separately from the husband of the victim and accusation against the petitioners is omnibus and general. A statement has been made in paragraph no.3 of the petition that the petitioners are not having any criminal antecedent. Learned APP submits that the petitioners are named in the FIR with specific accusation.

Considering the thrust of the accusation against the husband of the victim, coupled with the fact that the petitioners are not having any criminal antecedent, let the above named petitioners be released on anticipatory bail in the event of arrest/surrender before the learned Court below within a period of twelve weeks from today, on furnishing bail bonds of Rs. 10,000/- (ten thousand) each with two sureties of like amount each to the satisfaction of learned C.J.M., Bhojpur at Ara, in

Patna High Court CR. MISC. No.4846 of 2020(3) dt.02-03-2020 3/3 connection with Tiyar P.S. Case No. 60 of 2019 subject to the condition as laid down under Section 438(2) of the Cr. P.C. (Dinesh Kumar Singh, J) utkarsh/- U