Uma Charan Prasad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.29995 of 2014 Arising Out of PS.Case No. -99 Year- 2014 Thana -WARSALIGANJ District- NAWADA ====================================================== Uma Charan Prasad, son of late Ram Prasad, R/O Main Road, Warisaliganj, P.S. Warisaliganj, Dist.- Nawada.

.... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Birendra Kumar, Adv. For the Opposite Party/s : Mr. Rajesh Kumar, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 19-01-2015 Heard learned counsel for the petitioner and learned counsel representing the State.

The petitioner, apprehending his arrest in connection with Warisaliganj P.S. Case No. 99 of 2014 registered for the offences punishable under Sections 341, 323, 307, 498(A), 504 and 120(B) of the Indian Penal Code, seeks the privilege of prearrest bail. The accusation is of torture for non-fulfillment of demand of dowry. The petitioner is father-in-law. It is submitted that the husband of the informant has filed a divorce case and thereafter this case has been filed by the informant. All the other accused persons have been allowed bail and against the husband also order for no coercive step has been passed vide order dated

Patna High Court Cr.Misc. No.29995 of 2014 (2) dt.19-01-2015 23.12.2014 in Cr. Misc. No. 45393 of 2014 and the matter is pending for reconciliation.

The learned counsel for the informant opposes the prayer of bail by submitting that the petitioner has cheated the informant by saying that his son is an engineer but he is not an engineer.

In the facts and circumstances as stated above, considering that the petitioner is father-in-law and as such, in case of his arrest or surrender within two months from the date of receipt/production of the copy of this order, shall be released on bail on execution of bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Nawada in connection with Warisaliganj P.S. Case No. 99 of 2014, subject to the conditions as laid down under Section 438(2) Cr. P.C.

(Jitendra Mohan Sharma, J.) Vats/- U T