High Court Patna High Court - Orders

Mukesh Yadav & Ors. vs The State Of Bihar on 16 September, 2011

Patna High Court – Orders
Mukesh Yadav & Ors. vs The State Of Bihar on 16 September, 2011
                  IN THE HIGH COURT OF JUDICATURE AT PATNA
                                 Cr.Misc. No.31249 of 2011
                         1.Mukesh Yadav son of Sato Yadav
                         2.Sato Yadav son of late Kamleshwari Yadav
                         3.Chander Devi wife of sato Yadav
                         4.Sulekha Kumari D/o sato Yadav
                         5.Ful Kumari D/o sato Yadav
                          All of village-Jaynath Tola Banma,
                           P.S.-Salkhua, District- Saharsa
                                                  Versus
                                       The State of Bihar
                                             -----------

2. 16.9.2011. Heard learned counsel for petitioners and learned

counsel for the State.

The petitioners apprehend their arrest in connection with

a case registered for the offence punishable under sections 341, 323

and 498A of the Indian Penal Code.

Admittedly, marriage had taken place six years ago.

There was no complaint of ill treatment or torture initially. The

couple was blessed with three daughters. The problem started since

last six months.

It is submitted that there is no truth behind the allegation

of subjecting the informant to cruelty for non-fulfillment of demand

of dowry. Petitioner no.1 is husband, petitioner no.2 is father-in-law,

petitioner no.3 is mother-in-law and petitioner nos.4 and 5 are

unmarried sister-in-law (Nanad) of the informant. It is also

submitted that the informant is a short tempered lady and she out of

her own will has abandoned her matrimonial home.

Taking into consideration the aforesaid facts let the

petitioners, namely, 1.Mukesh Yadav, 2.Sato Yadav, 3.Chander

Devi, 4.Sulekha Kumari and 5.Ful Kumari in the event of arrest or
2

surrender before the court below within a period of four weeks from

the date of receipt/communication of the order be released on bail on

furnishing bail bonds of Rs.5,000/- (five thousand) with two sureties

of the like amount each to the satisfaction of C.J.M., Saharsa in

connection with Salkhua P.S. Case No.66 of 2011 subject to the

conditions as laid down under section 438(2) of the Code of

Criminal Procedure.

Md.S.                             ( Ashwani Kumar Singh, J.)