Patna High Court - Orders
Kanhai Prasad Yadav & Ors vs State Of Bihar on 20 May, 2010
IN THE HIGH COURT OF JUDICATURE AT PATNA
Cr.Misc. No.5863 of 2010
1. KANHAI PRASAD YADAV ,son of Manager Yadav
2. Vika Devi, wife of Kanhai Pd. Yadav
3. Rajesh Yadav, son of Kanhai Pd. Yadav
All are resident of Village-Dholiya, P.S.-Barahat,District-
Banka. .. .. Petitioners
Versus.
THE STATE OF BIHAR .. Opp.Party
with
Cr.Misc. No.14557 of 2010
ASTO DEVI,wife of Navin Yadav alias Binod Yadav, resident of
village-Dholiya,P.S.-Barahat,District-Banka. .. Petitioner
Versus
THE STATE OF BIHAR .. Opp.Party
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For the Petitioners : Mr. Nageshwar Prasad, Advocate
For the State : Mr. R.Singh Shastry, Addl.P.P.
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03/ 20-05-2010Heard the parties.
In a criminal prosecution originally initiated for the offences under Sections 302, 328/34 of the Indian Penal Code, all the petitioners are named in the FIR vide Annexure-1 as accused. Petitioner no.1-Kanhai Prasad Yadav and petitioner no.2-Vika Devi of Cr.Misc.No.5863 of 2010 are father-in-law and mother-in- law respectively of the deceased and petitioner no.3 Rajesh Yadav happens to be her Dewar (younger brother of the husband), whereas petitioner-Asto Devi of Cr.Misc.No.14557 of 2010 is said to be co-wife of the deceased. In the FIR there is general and omnibus allegation that all the accused persons allegedly administered poison to the deceased Sugandha Devi, as a result of which she is said to have died.
Learned counsel for the petitioners submits that during 2 the course of investigation, it has transpired that petitioner no.3 Rajesh Yadav had himself given information to the informant about the death of the deceased. Against co-accused Navin Yadav @ Binod Yadav, the husband of the deceased, charge sheet has been submitted only under Section 306 of the Penal Code and on that ground he has already been granted regular bail by a Bench of this Court vide order dated 11-03-2010 passed in Cr.Misc.No.8400 of 2010.
Learned counsel for the State has opposed the prayer for anticipatory bail made on behalf of the petitioners and has pointed out that petitioner no.1-Kanhai Prasad Yadav and petitioner no.2-Vika Devi, being father-in-law and mother-in-law of the deceased, and being the senior members in the family, have played important role for committing the crime in question.
Taking into consideration the facts and circumstances of the present case, the prayer for anticipatory bail of petitioner no.1-Kanhai Prasad Yadav and petitioner no.2-Vika Devi of Cr.Misc.No.5863 of 2010 is rejected. They must surrender in the court below in connection with Banka (Barahat) P.S.Case No.315 of 2009 within a period of four weeks from today and seek regular bail, if so advised.
However, petitioner no.3-Rajesh Yadav of Cr.Misc.No.5863 of 2010, being Dewar of the deceased and petitioner-Asto Devi of Cr.Misc.No.14557 of 2010, being co-wife of the deceased, in the event of arrest/surrender within a period of 3 four weeks from today in Banka (Barahat) P.S.Case No.315 of 2009, shall be released on bail on furnishing bail bond of Rs.10,000/- (rupees ten thousand)each with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Banka, subject to the conditions as laid down under sub-section (2) of Section 438 of the Code of Criminal Procedure.
AH/ ( Birendra Prasad Verma, J.)