Virendra Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.87244 of 2019 Arising Out of PS. Case No.-205 Year-2019 Thana- RAMGARHWA District- East Champaran ====================================================== 1.

Virendra Yadav Son of Mahabeer Yadav 2.

Phul Kumari Devi Son of Virendra Yadav Both Resident of Village-Nandlali, P.S.-Ramgarhwa, District-East Champaran.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Dhannjay Kumar No 2 For the Opposite Party/s :

Mr.Umanath Mishra ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 20-02-2020 At the very outset, it is informed that petitioner No. 1, namely, Virendra Yadav, has been arrested and, accordingly, his prayer for anticipatory bail stands dismissed being infructuous. Heard learned counsel for the petitioner No. 2, namely, Phul Kumari Devi, as well as learned Additional Public Prosecutor for the State.

Petitioner No. 2 apprehends her arrest in connection with Ramgarhwa P.S. Case No. 205/2019 registered for the offence punishable under Sections 304B, 120B/34 of the Indian Penal Code.

Petitioner No. 2, namely, Phul Kumari Devi happens to be the mother-in-law of the deceased and omnibus allegation of demand as well as torture has been levelled against her.

Patna High Court CR. MISC. No.87244 of 2019(2) dt.20-02-2020 2/2 However, learned counsel appearing for petitioner No. 2 submits that the deceased died from her ailment and the informant participated in cremation of dead body of the deceased but, subsequently, on the instigation of enemies of the petitioner No. 2, the informant lodged the present case but, after sometime, when she realised her fault, she entered into compromise with petitioner No. 2 and other accused.

Considering the aforesaid facts and circumstances as well as submissions of the parties, it is ordered that petitioner No. 2, namely, Phul Kumari Devi, in the event of her arrest/ surrender within six weeks from the date of receipt of this order to the court concerned, shall be released on bail on furnishing bail bonds of Rs 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Sub Divisional Judicial Magistrate, Raxaul at Motihari, East Champaran in Ramgarhwa P.S. Case No. 205/19 subject to conditions as laid down under Section 438(2) of the Cr.P.C.

(Hemant Kumar Srivastava, J) Spd/- U T