Shiv Nath Prasad v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.51696 of 2018 Arising Out of PS.Case No. -111 Year- 2018 Thana -PATNA RAIL P.S. District- PATNA ====================================================== Shiv Nath Prasad, S/o Late Bihari Lal, R/o Lodi Katra, P.S.- Khajekala, Patna City, District- Patna.
.... .... Petitioner
Versus
The State of Bihar .... .... Opposite Party ====================================================== Appearance :
For the Petitioner : Mr. Pramod Kumar, Advocate. For the Opposite Party : Mrs. Dr. Indiwar Kumari, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 05-09-2018 Heard learned counsel for the petitioner and learned A.P.P. for the State.
The petitioner is languishing in custody since 11.04.2018 in a case for the offence registered under Sections 498(A) and 302/34 of the IPC. Later on, Section 304(B) of the IPC was also added.
The prosecution story, in brief, is that the accused persons including the petitioner killed the victim due to nonfulfilment of demand of dowry. It has been submitted by learned counsel for the petitioner that the petitioner has got no criminal antecedent. Charge sheet has been submitted in the present case. There is no allegation of tampering with the witnesses alleged against the
Patna High Court Cr.Misc. No.51696 of 2018 (2) dt.05-09-2018 2/2 petitioner. The petitioner has been made accused in the present case due to mistake of fact. The petitioner is father-in-law of the deceased. He is separate in mess and property from the husband of the deceased. The husband of the deceased in judicial custody. On behalf of the learned counsel for the State, it has been submitted that the petitioner is named in the F.I.R. Considering the aforesaid facts and circumstances, let the petitioner above named, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned A.C.J.M. (Railway), Patna, in connection with Patna Junction (Gulzarbagh) GRPS Case No. 111 of 2018.
U.K./- (Sudhir Singh, J) U T