Sanjay Prasad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.11356 of 2023 Arising Out of PS. Case No.-402 Year-2021 Thana- TEKARI District- Gaya ====================================================== 1.

SANJAY PRASAD Son of Rajeshwar Singh R/V- Bajitpur, P.S- Tekari and Dist- Gaya 2.

Sulekha Devi Wife of Sanjay Prasad R/V- Bajitpur, P.S- Tekari and DistGaya ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Manish Kumar No2 For the Opposite Party/s :

Mr.Shantanu Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 25-04-2023 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 304(B) and 34 of the Indian Penal Code.

As per the prosecution case, the petitioners along with other co-accused tortured and killed the daughter of the informant due to non-fulfillment of dowry demand. Learned counsel for the petitioners submits that no such occurrence as alleged ever took place. Petitioners have been falsely implicated in this case. The allegation levelled against the petitioners is not specific rather general and omnibus

Patna High Court CR. MISC. No.11356 of 2023(2) dt.25-04-2023 2/2 in nature. The petitioners are father-in-law and mother-in-law of the deceased respectively. He submits that the husband of the deceased is already in judicial custody as mentioned in para-11 of the bail application. Petitioners have no criminal antecedent as mentioned in para-3 of this application.

Learned APP for the State opposes prayer for anticipatory bail.

Considering the facts and circumstances of the case and the fact that there is no specific overt act against the petitioners, let the above named petitioners, be released on bail, in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of the learned Court below where the case is pending/successor Court in connection with Tekari P.S. Case No. 402 of 2021, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

(Anjani Kumar Sharan, J) anand/- U T