IN THE HIGH COURT OF JUDICATURE AT PATNA Cr Misc No 22529 of 2009 1 Ramashish Yadav, son of late Jhuman Yadav 2 Chinta Devi, wife of Ramashish Yadav 3 Shambhu Kumar Arya @ Shambhu Kumar, son of Ramashish Yadav, residents of Village – Saristabad, Tola – Mani Bhgha, P S – Ghoshi (Okari) District – Jehanabad -Petitioners Versus State of Bihar -Opposite Party ----------- 2 20.08.2009 The petitioners apprehend arrest in Ghoshi (Okari) Police Station Case No 280 of 2008 instituted under Sections 302/34 of Indian Penal Code. The prosecution allegation is that the informant’s sister Sanju Devi was found to have been strangulated with chain rinch. She was allegedly married to Shambhu Kumar Arya @ Shambhu Kumar who is petitioner No 3 before this Court. Shri Pushkar Narain Shahi, learned counsel appearing for the petitioner submits that when petitioner No 3 was a minor 10 years old boy, he had been kidnapped by the informant’s family member and forcibly married to the said Sanju Devi. The case was instituted in which family members of informant were chargesheeted. In that case, petitioner No 3 had made statement under Section 164 of Criminal Procedure Code clearly indicating kidnapping and forceful marriage. The trial has since begun in the said case. In the meantime, Sanju Devi filed a case under Section 498A of Indian Penal Code alleging that she was tortured and thrown out from the house. That was found on investigation to be false. She then tried to enter forcefully in the house. She was thrown out for which another case was filed by the brother of petitioner No 3 in which she has been chargesheeted. In such situation, he submits that it cannot be said that 2 she was living in her sasural and the petitioners, who are father-in-law, mother-in-law and husband, killed her. Having considered the matter, so far as petitioners No 1 and 2 abovenamed being the father-in-law and mother-in-law are concerned, they are directed to surrender before the Court below within 4 weeks from today, and if they do so, 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 Chief Judicial Magistrate, Jehanabad in Ghoshi (Okari) Police Station Case No 280 of 2008 subject to all conditions as laid down in Section 438 (2) of Criminal Procedure Code. So far as petitioner No 3 is concerned, he is directed to surrender before the Court below within 4 weeks from today and make an application for bail. The Court below will consider and deal with it in accordance with law without being prejudiced by this order keeping the submissions, as noted above and any other material that may be brought on record. M.E.H./ (Navaniti Prasad Singh)