IN THE HIGH COURT OF JUDICATURE AT PATNA Cr Misc No 22502 of 2009 Lalan Kumar, son of Ramashray Yadav, resident of Village – Lala Bigha, Police Station – Makhdumpur, District – Jehabanad - Petitioner Versus State of Bihar - Opposite Party W I T H Cr Misc No 20289 of 2009 1 Arun Kumar, son of Shri Ramashray Yadav 2 Anil Kumar, son of Shri Ramashray Yadav, residents of Village – Lala Bigha, Police Station – Makhdumpur, District – Jehanabad 3 Arjun Yadav, son of late Mangar Yadav, resident of Village – Alua Bigha, Police Station – Makhdumpur, District – Jehanabad - Petitioners Versus State of Bihar - Opposite Party W I T H Cr Misc No 20662 of 2009 Ramashray Yadav @ Ramashray Prasad Yadav, son of late Mulchand Yadav, Resident of village – Lala Bigha, Police Station – Makhdumpur, District – Jehanabad - Petitioner Versus State of Bihar - Opposite Party ----------- 2 17.08.2009 Petitioners, in these 3 applications, apprehend arrest in Makhdumpur Police Station Case No 317 of 2008. Initially, a first information report was lodged for offences under Sections 498A, 304B and 201/34 of Indian Penal Code by the informant who is the mother of the deceased lady. Police, on investigation, filed a final report as mistake of fact. The informant filed a protest petition. The learned Chief Judicial Magistrate, Jehanabad deferred from the final report and has taken cognizance of offences under Sections 498A, 306 and 201 of Indian Penal Code. On behalf of petitioners, it is stated that police, in course of investigation, had found that the husband of the deceased, namely, Lalan Kumar, though permanent resident of Village – Lala Bigha, Police Station – Makhdumpur, was employed as a Gangman in Railways at Panagarh, West Bengal. He was a graduate and was trying 2 to give departmental and other examinations for better career. It was found that repeatedly he remained out of station from Panagarh and he wanted the wife to stay at Makhdumpur which she did not agree and because of these reasons, she committed suicide. On behalf of informant, who has appeared, it is submitted that the accused persons, in conspiracy to help petitioner Lalan Kumar marry again, killed her daughter. Petitioners, on the other hand with reference to the order of the learned Sessions Judge, state that petitioner Lalan Kumar has opened accounts in the names of his 2 minor daughters and is now regularly depositing Rs 1,000/- each in their accounts. What is more surprising that petitioner Lalan Kumar had transferred valuable land in favour of his 2 minor daughters by his gift deeds which shows the father of the informant as the guardian. The informant does not deny this. What is stated by the petitioners is that taking advantage of these good gestures, petitioners and their relations are being blackmailed for the unfortunate death of the lady due to suicide. Considering the facts aforesaid, if the petitioners abovenamed surrender before the Court below within four weeks from today, they shall be released on bail on each of them furnishing bonds of Rs 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Judicial Magistrate, First Class, Jehanabad in Makhdumpur Police Station Case No 317 of 2008 subject to all conditions as laid down in Section 438 (2) of Criminal Procedure Code. M.E.H./ (Navaniti Prasad Singh) 3