Shankar Prasad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.31612 of 2016 Arising Out of PS.Case No. -110 Year- 2013 Thana -PAKARIBARAW District- NAWADA ======================================================

1. Shankar Prasad S/o Late Kishori Prasad R/o village - Dhamoul, P.S. Pakri Barawan ( Dhamoul ), District - Nawada .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Patanjali Rishi For the Opposite Party/s : Mr. Anish Chandra ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 17-08-2016 Heard learned counsels for the petitioner and the State. The petitioner has renewed his prayer for bail in a case registered for the offences punishable under Sections 341,323,328 and 498A/34 of the Indian Penal Code. Subsequently, section 320 IPC was added.

The prosecution case is that the informant was being tortured for non-fulfillment of dowry demands. On 14.8.2013, the petitioner, his wife and daughter of the petitioner called the informant, assaulted her and administered poison and injected acid in the ears. The husband of the informant took her to the hospital for treatment where she subsequently succumbed to the injury. It is submitted by learned counsel for the petitioner that though the petitioner's prayer for bail was thrice rejected earlier

Patna High Court Cr.Misc. No.31612 of 2016 (3) dt.17-08-2016 2/2 treating the fardbeyan as dying declaration but the informant named the wife and daughter of the petitioner and others and they have been granted anticipatory bail vide Cr. Misc. Nos. 20618 of 2014 and 7107 of 2014 whereas the husband of the informant has been granted bail. The petitioner is in custody since 30.9.2013. Considering the fact that similarly situated accused persons have been granted anticipatory bail and the investigation has already concluded, let the above named petitioner be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional District and Sessions Judge I, Nawada in connection with Pakri Barawan (Dhamoul) P.S. Case No. 110 of 2013. The learned court below shall be at liberty to cancel the bail bonds of the petitioner in case the petitioner defaults without any reasonable cause on three consecutive occasions. (Dinesh Kumar Singh, J) Anil/- U T