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Brahmdeo Yadav, Soniya Devi @ Soni Devi and Anita Devi vs The State of Jharkhand

Jharkhand High Court · Decided on 20 December 2011 · Citation: (2011) 12 JH CK 0066

HON’BLE JUDGES
Jaya Roy, J
ACTS & SECTIONS REFERRED
Criminal Procedure Code, 1973 (CrPC) — Section 438(2) · Penal Code, 1860 (IPC) — Section 299, 323, 379, 420, 498(A)
CASE NUMBER
A.B.A. No. 4231 of 2011
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Judgment

6 paragraphs · 365 words

Hon''ble Mrs. Justice Jaya Roy

1.

Heard the counsel for the petitioners and the counsel for the State.

2.

The petitioners are apprehending their arrest in this case which has been registered for the offence committed under Sections 498(A), 323, 379, 299, 420 of the Indian Penal Code, in connection with Koderma (Mahila) P.S. Case No.14 of 2011, corresponding to G.R. No. 764 of 2011, pending in the court of Civil Judge (Jr. Div.) No.V. Koderma.

3.

Counsel for the petitioners has submitted that the petitioner No.1 namely Brahmdeo Yadav is the elder brother-in-law (Bhaisur) and the petitioner Nos. 2 and 3 are married sisters-in-law of the complainant. It is also submitted that they are living separate from the husband of the complainant. It is also submitted that there is specific allegation in Paragraph No.6 and 7 of the complaint petition against the husband of the complainant, but there is no specific allegation against any of the petitioners.

4.

Counsel for the State has opposed but not disputed the aforesaid contentions made by the counsel for the petitioners.

5.

Considering the aforesaid submissions made by the parties, the petitioners, above named, are directed to surrender before the trial court within a period of one month from the date of this order i.e. 20.12.2011. If the petitioners surrender before the trial court within the said period, the trial court is directed to release the petitioners namely Brahmdeo Yadav, Soniya Devi @ Soni Devi and Anita Devi on bail, on furnishing bail bonds of Rs.10,000/- (Ten thousand) each, with two sureties of the like amount each, to the satisfaction of the trial court/ Civil Judge (Jr. Div.) No.V, Koderma, in connection with Koderma (Mahila) P.S.Case No. 14 of 2011, corresponding to G.R. No. 764 of 2011, subject to the conditions that both the bailors will be of local resident having immovable property within the jurisdiction of the trial court concerned and subject to further condition that the petitioner No.1 will remain physically present before the trial court atleast once in a month on the date fixed for trial till the conclusion of the trial and also subject to the conditions laid down u/s 438(2) of the Cr.P.C.