Chandeshwar Prasad @ Chandeshar Prasad And ORS v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.6238 of 2016 Arising Out of PS.Case No. -130 Year- 2014 Thana -SURSAND District- SITAMARHI ======================================================

1. Chandeshwar Prasad @ Chandeshar Prasad S/o late Radha Kishun Sah

2. Kanti Devi W/o Chandeshwar Prasad

3. Vikrant Prasad@vikrant Kumar S/o Chandeshar Prasad

4. Vimlesh Prasad@Bimlesh kumar S/o Chandeshwar Prasad

5. Sangeeta Devi W/o Vikrant Prasad

6. Ritik Devi @ Riti Devi W/o Vimlesh Prasad all R/o Village & P.S. Sursand, District Sitamarhi.

.... .... Petitioners

Versus

1. The State of Bihar

2. Nirmala devi @ Mala Devi W/o late Mukesh Prasad A/p Ravindar Prasad Village-Gorhari, P.S. Parihar, District Sitamarhi. .... .... Opposite Parties ====================================================== Appearance :

For the Petitioners : Mr. Dinesh Jha, Advocate.

For the Opposite Parties : Ms. Veena Rani Prasad (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 08-02-2016 Heard learned counsels for the petitioners and the State. The petitioners being the parents, brothers and brothers' wife of the deceased husband of the informant are apprehending their arrest in a case registered for the offences punishable under Sections 341, 323, 498(A) and 34 of the Indian Penal Code and under Section 3/4 of the Dowry Prohibition Act. The accusation is of torture for non-fulfillment of the dowry demand.

It is submitted by the learned counsel for the petitioners that the informant has performed second marriage.

Patna High Court Cr.Misc. No.6238 of 2016 (2) dt.08-02-2016 2/2 It is submitted by the learned counsel for the informant that the informant has not performed second marriage, though, she has filed a Partition Suit No. 288 of 2014, hence, the accusation has been levelled against the informant.

Considering the aforesaid facts, let the above named petitioners be released on anticipatory bail, in the event of arrest or surrender before the learned court below within a period of 12 weeks from today, 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-Divisional Judicial Magistrate, Pupri at Sitamarhi in connection with Sursand P.S. Case No. 130 of 2014, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Dinesh Kumar Singh, J.) KKSINHA/- U T