Shankar Prasad And ANR. v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.10245 of 2019 Arising Out of PS. Case No.-161 Year-2018 Thana- MADHAURAH District- Saran ======================================================

1. Shankar Prasad, aged about 47 Years (Male), S/o Late Teja Raut.

2. Manju Devi, aged about 42 Years (Female), W/o Shankar Prasad. Both Resident of village-Hasanpura @ Apahar P.S-Madura @ Marhaura, DistrictSaran. ... ... Petitioners

Versus

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

For the Petitioners :

Mr.Manish Chandra Gandhi, Advocate.

For the Opposite Party :

Mr.Asha Kumari,A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 21-02-2019 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 498(A), 304(B) and 201/34 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. The petitioner no. 1 is

Patna High Court Cr.Misc. No.10245 of 2019(2) dt.21-02-2019 2/2 the father-in-law and petitioner no. 2 is the mother-in-law 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 A.C.J.M.- VIII, Saran at Chapra, in connection with Madaura @ Marhaura P.S. Case No. 161 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