Allowed

Chulhai Yadav @ Chulhay Yadav v. The State of Bihar

Patna HC6 Dec 2023CR. MISC./60999/2023

Case brief

AI extract

What is this about?

The Patna High Court granted anticipatory bail to the petitioners, parents-in-law and siblings-in-law, facing charges of assault and dowry-related offenses. Ordered surrender within four weeks upon receipt of this order.

What did the court decide?

Petitioners no.1,2,4,5 ordered to surrender within four weeks and released on bail on furnishing bonds of Rs.10,000 each with two sureties of like amount and relative as bailor.

Chulhai Yadav @ Chulhay Yadav Vs The State of Bihar — Dowry and Cruelty | Patna HC (2023)

¶1

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.60999 of 2023

¶2

Arising Out of PS. Case No.-520 Year-2023 Thana- MADHEPURA District- Madhepura

¶3

======================================================

¶4

Chulhai Yadav @ Chulhay Yadav, Son of Late Dindi Yadav, Resident of Village- Tulsibadi, Ward No 7, P.S.- Madhepura, (Bharrahi OP), DisttMadhepura

¶5

Manjula Devi, Wife of Chulhai Yadav @ Chulhay Yadav, Resident of Village- Tulsibadi, Ward No 7, P.S.- Madhepura, (Bharrahi OP), DisttMadhepura

¶6

Pappu Yadav @ Pappu Kumar, Son of Chulhai Yadav @ Chulhay Yadav Resident of Village- Tulsibadi, Ward No 7, P.S.- Madhepura, (Bharrahi OP), Distt- Madhepura

¶7

Bikram Yadav @ Vikram Kumar, Son of Chulahi Yadav @ Chulhay Yadav, Resident of Village- Tulsibadi, Ward No 7, P.S.- Madhepura, (Bharrahi OP), Distt- Madhepura

¶8

Sudha Devi, Wife of Pappu Yadav @ Pappu Kumar, Resident of VillageTulsibadi, Ward No 7, P.S.- Madhepura, (Bharrahi OP), Distt- Madhepura ... ... Petitioner/s

¶9

Versus

¶10

The State of Bihar

¶11

Raj Mani Devi, Wife of Aman Kumar, Resident of Village- Tulsibadi, Ward No 7, Ps- Madhepura, (Bharrahi OP), Distt- Madhepura

¶12

... ... Opposite Party/s

¶13

====================================================== Appearance : For the Petitioner/s : Mr. Amarnath Jha, Advocate For the Opposite Party/s : Mr. Md. Matloob Rab, APP For the Opposite Party No.2: Mr. Ranjay Kumar Singh, Advocate ======================================================

¶14

CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL ORDER

¶15

3 06-12-2023 Heard Mr. Amarnath Jha, learned counsel appearing

¶16

on behalf of the petitioner nos. 1, 2, 4 and 5 and the learned APP for the State. The opposite party no.2 is represented by Mr. Ranjay Kumar Singh, learned counsel.

¶17

The petitioner nos. 1, 2, 4 and 5 are apprehending their arrest in connection with Madhepura P.S. Case No. 520 of 2023 registered for the offences under Sections 341, 323,

¶18

Patna High Court CR. MISC. No.60999 of 2023(3) dt.06-12-2023 2/3

¶19

498(A), 307, 379, 504, 506/34 of the Indian Penal Code and Section 3/4 of the Dowry Prohibition Act.

¶20

Allegedly the marriage of the informant/opposite party no.2 was solemnized with the son of petitioner nos. 1 and 2 six years ago. From the aforesaid wedlock, both the husband and wife blessed with three children. However, after some time she was subjected to demand of dowry and on account of nonfulfillment of the same, she was tortured in various ways, resulting into institution of the present F.I.R.

¶21

It is submitted on behalf of the petitioners that admittedly the husband of the informant is not an accused in this case and only on account of some oblique reason, in order to wreak vengeance, the present case has been instituted against the petitioners, who are non-else, but the parents-in-law, brother-in-law and sister-in-law of opposite party no.2. He next submits that the allegation of assault is attributed against petitioner no. 3 ( Pappu Yadav, who was arrested during the pendency of the present bail application ) and petitioner no.4, however, only one injury has been found over the body of opposite party no.2, though the same is simple in nature. He next submits that be that as it may, the petitioners undertake that they will not indulge in such type of activities in future and they will keep the informant with full dignity and honour.

¶22

Patna High Court CR. MISC. No.60999 of 2023(3) dt.06-12-2023 3/3

¶23

On the other hand, learned counsel for the oppostie party no.2 and the APP oppose the bail application and submit that it is not a case of family dispute, rather the accused persons have acted in a criminal manner and assaulted the opposite party no.2.

¶24

Regard being had to the submissions made on behalf of the parties and considering the fact that the petitioners are parents-in-law, brother-in-law and sister-in-law of opposite party no.2, moreover the marriage was solemnized six years ago and she has been residing with her husband, let the petitioner nos.1, 2, 4 and 5, named above , in the event of their arrest or surrender before the court below within four weeks from the date of receipt/production of a copy of this order, be released on bail on furnishing bail bonds of Rs.10,000/- (Rupees ten thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Madhepura in connection with Madhepura P.S. Case No. 520 of 2023, subject to the condition as laid down under Section 438 (2) of the Cr.P.C. with the further condition that one of the bailors shall be the own/close relative of the petitioners.

¶25

(Harish Kumar, J)

¶26

uday/-

Chulhai Yadav @ Chulhay Yadav v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Chulhai Yadav @ Chulhay Yadav v. The State of Bihar

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Vidyavati Devi Vs The State of Bihar

Prafulla Kumar Chaudhary Vs The State of Bihar

Shiv Kumar Sharma Vs The Central Bank of India

Md. Kaisar Vs The State of Bihar

Anil Kumar Lal Vs The State of Bihar

Radhe Shyam Singh Vs The State of Bihar