Umesh Prasad And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.6180 of 2019 Arising Out of PS. Case No.-110 Year-2018 Thana- SALIMPUR District- Patna ======================================================

1. Umesh Prasad, aged about 40 years, Son of Karu Singh.

2. Anita Devi, aged about 40 years, Wife of Umesh Prasad.

3. Sima Devi @ Sonam Kumari, aged about 19 years, Daughter of Umesh Prasad. All are Resident of Village- Sahpur, P.S. Salimpur, District-Patna. ... ... Petitioners

Versus

The State of Bihar ... ... Opposite Party ====================================================== Appearance :

For the Petitioners :

Mr.Tej Narayan Singh, Advocate.

For the Opposite Party :

Mr.Binod Kumar, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 04-02-2019 Heard learned counsel for the petitioners and learned A.P.P. for the State.

The petitioners are apprehending their arrest in a case for the offence registered under Sections 304(B)/34 of the IPC. The prosecution story, in brief, is that the accused persons including the petitioners killed the victim due to nonfulfilment of demand of dowry. It has been submitted by learned counsel for the petitioners that the petitioners have got no criminal antecedent. There is no allegation of tampering with the witnesses alleged against the petitioners. The petitioners have been made accused in the present case due to mistake of fact. Petitioner no. 1 is the father-in-law, petitioner no. 2 is the mother-in-law and petitioner

Patna High Court Cr.Misc. No.6180 of 2019(2) dt.04-02-2019 2/2 no. 3 is the married Nanad of the deceased. They are separate in mess and property from the husband of the deceased. They have got no concern with the alleged occurrence.

On behalf of the learned counsel for the State, it has been submitted that the petitioners are named in the F.I.R. Considering the aforesaid facts and circumstances, let the petitioners above named, in the event of arrest or surrender before the learned court below within a period of six weeks from today, be released on anticipatory 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 learned Sub Judge-III, Barh, Patna, in connection with Salimpur P.S. Case No. 110 of 2018, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Sudhir Singh, J) U.K./- U T