High Court Patna High Court - Orders

Jagarnath Yadav &Amp; Ors vs State Of Bihar on 26 March, 2011

Patna High Court – Orders
Jagarnath Yadav &Amp; Ors vs State Of Bihar on 26 March, 2011
                            IN THE HIGH COURT OF JUDICATURE AT PATNA
                                   Cr.Misc. No.41662 of 2010
                   1.   JAGARNATH YADAV
                   2.   Parwati Devi
                   3.   Bhim Yadav
                   4.   Molari Devi .....................................Petitioners
                                             Versus
                                         STATE OF BIHAR .
                                          -----------

2. 26.03.2011 Learned Counsel for the petitioners at the very outset submits

that petitioner no. 3 has been taken into custody and this application

has become infructuous with regard to him, which is accordingly

dismissed.

Heard learned Counsel for the petitioners 1, 2 and 4 and the

learned counsel for the State.

The submission on behalf of petitioner no. 4 in a Police

case under Sections 304B and 201/34 of the Penal Code is of her

being a young unmarried girl, sister of the husband, has been

implicated merely because of her relationship with no allegation. The

submission on behalf of petitioner no. 2, the mother-in-law is also of

generalized allegations and the statement at the Bar that the husband

of the victim is already in custody.

Considering the general nature of the allegations against them

being ladies, let petitioners 2 & 4, above named, surrender in the court

below within a period of four weeks from today when they shall be

enlarged on anticipatory bail on furnishing bail bonds of Rs. 20,000/-

(Twenty thousand) with two sureties of the like amount each to the

satisfaction of CJM Bettiah in Bagaha PS Case No. 403 of 2010 subject

to the conditions as laid down under Section 438(2) Cr.P.C.

The application is rejected in so far as petitioner no. 1 is

concerned.

Any application for regular bail on behalf of petitioner No.

1 shall be considered by the court below on its own merit without being

prejudiced by the present order.

Snkumar/

(Navin Sinha,J.)