Sanjay Prasad And ANR v. The State Of Bihar
Patna High Court Cr.Misc. No.47563 of 2017 (2) dt.06-10-2017
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.47563 of 2017 Arising Out of PS.Case No. -132 Year- 2017 Thana -ASHTHWAN District- NALANDA (BIHARSHARIFF) ======================================================
1. Sanjay Prasad, son of Sri Chandrika Prasad.
2. Sanju Devi, Wife of Sanjay Prasad, Both resident of village- Biyabani, Police Station- Deepnagar, District- Nalanda. .... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Rabi Bhushan Prasad No. 1 For the Opposite Party/s : Mr. Smt. Suman Kumari Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 06-10-2017 Heard learned counsel for the petitioners and the learned A.P.P. for the State.
The petitioners apprehend their arrest in connection with Asthawan P.S. Case No. 132 of 2017, registered under Sections 341, 323, 498(A) and 364/34 of the Indian Penal Code and Sections 3 and 4 of the Dowry Prohibition Act. The allegation of informant, Anil Prasad, is that he performed the marriage of his daughter on 20.04.2016 with Pawan Kumar. At that time of marriage, he gifted cash of Rs.2,00,000/-, motorcycle and ornaments and thereafter his daughter used to reside at her matrimonial house. Where her daughter was being tortured for non-fulfillment of dowry, on which, informant went at the matrimonial house of his daughter but no trace was found. The
Patna High Court Cr.Misc. No.47563 of 2017 (2) dt.06-10-2017 informant raised suspicion about killing of his daughter by her husband and in-laws and disposed of her dead body. Learned counsel for the petitioners submits that petitioners are brother-in-law (Nandoi) and sister-in-law (Nanad) of the daughter of the informant and they have falsely been implicated in this case due to ulterior motive. Having regard to the facts and circumstances of the case, let the above named petitioners be released on bail, in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Nalanda at Biharsharif, in connection with Asthawan P.S. Case No. 132 of 2017, subject to the condition as laid down under Section 438(2) of the Cr.P.C.
(Rajendra Kumar Mishra, J) Bhardwaj/- U T