IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.18397 of 2011
1. Turmil Yadav @ Durmil Yadav, son of late Chhutahru
Yadav
2. Musani Devi, wife of Turmil Yadav
3. Kavita Kumari, D/o - Turmil Yadav
4. Bipin Yadav, son of Turmil Yadav
All resident of village Posdaha, P.S. - Narpatganj, District -
Araria.
-------- Petitioners.
Versus
The State of Bihar -------- Opposite Party
******
04. 13.09.2011 Heard learned counsel for the petitioners and
learned Additional Public Prosecutor for the State.
The petitioners, apprehending their arrest in
connection with Narpatganj P.S. Case No. 256/2000
(G.R. No. 2359/2000) for the offences under Sections of
the Indian Penal Code, pending in the court of Chief
Judicial Magistrate, Araria, are named accused in this
case being in-laws of daughter of the informant who died
under suspicious circumstance who died around 7 to 8
years of her marriage under suspicious circumstance.
Submission is that there is no allegation
against the petitioners, rather, in fact, the lady was living
with her parents from where she proceeded for Sasural
when she was ill-treated by her parents side. Learned
Additional Public Prosecutor drawing attention towards
paragraph 8 of the case diary containing statement of the
victim to a person by stating about her being ill-treated
and administered poisonous substance by her in-laws.
In view of the above statement which may be
considered as dying declaration for the present
petitioners are not entitled for the privilege sought.
Accordingly, prayer for anticipatory bail of
the petitioners stands rejected.
Rajeev/ ( Akhilesh Chandra, J.)