Jitendra Prasad And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.48749 of 2016 Arising Out of PS.Case No. -193 Year- 2016 Thana -SHERGHATI District- GAYA ====================================================== 1.

Jitendra Prasad, son of late Ramchandra Saw 2.

Chandan Kumar, son of Jitendra Prasad 3.

Sona Devi, wife of Jitendra Prasad All resident of village Gola Bazar Sherghati, P.S. Sherghati, Distt.Gaya. .... .... Petitioners

Versus

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

For the Petitioners : Mr. Madhusudan Kumar, Advocate. For the State : Mr. Rajeev Nayan, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 15-12-2016 Heard both sides.

The petitioners apprehend their arrest in Sherghati P.S. Case No. 193 of 2016 registered under Sections 304B and 34 of the Indian Penal Code.

The informant, brother of the deceased, alleged that his sister was married to Dina Kumar, son of the petitioners No. 1 and 3 about five years ago, but her husband and others began to demand additional dowry and his sister was killed. The learned counsel for the petitioners submits that the deceased was suffering from Asthama and she was treated in the Hospital, but she could not survive. The petitioners are the father-in-law, mother-in-law and brother-in-law of the deceased. There is no specific allegation of demand of dowry and torture

Patna High Court Cr.Misc. No.48749 of 2016 (2) dt.15-12-2016 2/2 made against the petitioners. The prayer for bail of the husband was rejected, but he was granted bail under Section 167(2) of the Cr. P.C.

Considering the facts that the petitioners are the father-in-law, mother-in-law and brother-in-law of the deceased and the marriage of the deceased was solemnized with Dina Kumar about five years ago, the above named petitioners, in the event of their arrest or surrender before the learned court below within a period of four weeks from the date of receipt/production of a copy of this order, are directed to be enlarged on bail on furnishing bail bond of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate, Sherghati, in connection with Sherghati P.S. Case No. 193 of 2016 (G.R. No. 666 of 2016), subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Prabhat Kumar Jha, J) S.Ali/- U T