Sandeep Prasad @ Sandip Kumar Prasad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.30095 of 2021 Arising Out of PS. Case No.-23 Year-2019 Thana- JALALPUR District- Saran ====================================================== SANDEEP PRASAD @ SANDIP KUMAR PRASAD SON OF ARUN PRASAD R/O VILLAGE- RUSI, P.S.- DAUDPUR, DISTRICT- SARAN AT CHAPRA.

... ... Petitioner/s

Versus

THE STATE OF BIHAR BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Krishna Kumar Yadav For the Opposite Party/s :

Mr. Manoj Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 01-02-2022 Heard learned counsel for the parties through virtual court proceedings.

Learned counsel for the petitioner undertakes to remove the defects within four weeks of normal court proceedings. In the eventuality of non-removal of defects within undertaken period, the office will place the matter before the Bench.

The petitioner apprehends his arrest in Jalalpur P.S. Case No.23 of 2019, registered for the offences punishable under Sections 304(B), 302 and 201 of the Indian Penal Code. The petitioner is the husband of the deceased. The petitioner and his family members are said to have killed the wife of the petitioner due to non-fulfillment of additional

Patna High Court CR. MISC. No.30095 of 2021(4) dt.01-02-2022 2/3 demand of dowry.

Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. It is further submitted that the petitioner has neither demanded any dowry nor the deceased was tortured for non-fulfillment of demand of motorcycle in dowry. The deceased was living happily with her husband in Ludhiyana after marriage. It is submitted that the deceased became pregnant and after starting labour pain, she was admitted in hospital for delivery of child but during course of delivery of child she died. Learned counsel for the petitioner submits that he has filed a supplementary affidavit annexing the prescriptions of the deceased.

Learned APP for the State opposed the prayer for anticipatory bail of the petitioner.

From perusal of the supplementary affidavit filed by the petitioner, it appears that the deceased died during the course of delivery of child.

Taking into consideration the facts aforesaid, let petitioner, above named, in the event of his arrest or surrender before the learned court below within a period of six weeks from today, be enlarged on bail on furnishing bail bond of

Patna High Court CR. MISC. No.30095 of 2021(4) dt.01-02-2022 3/3 Rs.25,000/- (rupees twenty five thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate, 5th, Saran at Chapra in connection with Jalalpur P.S. Case No.23 of 2019, subject to the conditions laid down under Section 438(2) of the Cr.P.C. (Anjani Kumar Sharan, J.) Sanjay/- U T