Patna High CourtCR. MISC./32549/2020bail granted

Ashok Prasad v. The State Of Bihar

2021-02-19Mr. Justice Ashutosh Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.32549 of 2020 Arising Out of PS. Case No.-92 Year-2020 Thana- PAKRIDAYAL District- East Champaran ====================================================== 1.

ASHOK PRASAD S/o Bhola Prasad R/o village- Majhar, P.S.- Pakridayal, District- East Champaran 2.

Aloka Devi W/o Ashok Prasad R/o village- Majhar, P.S.- Pakridayal, District- East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ashok Kumar Mishra, Advocate For the Opposite Party/s :

Mr. Bal Govind Sharma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 19-02-2021 Heard Mr. Ashok Kumar Mishra, learned counsel for the petitioners and Mr. Bal Govind Sharma for the informant.

The petitioners seek bail in anticipation of their arrest in connection with Pakridayal P.S. Case No. 92 of 2020 dated 03.05.2020 instituted for the offences under Sections 304B/201/34 of the Indian Penal Code. The petitioner no. 1 is the elder brother of the husband of the deceased whereas petitioner no. 2 is the wife of petitioner no. 1.

Learned counsel for the petitioners has submitted that the husband of the deceased is in custody. The petitioners have a separate residence and they are not concerned with the affairs of the deceased

Patna High Court CR. MISC. No.32549 of 2020(2) dt.19-02-2021 2/2 or her husband. According to the post-mortem report, it has been urged that the cause of death was stated to be drowning asphyxia. The possibility of the deceased having committed suicide by drowning herself in a water body cannot be ruled out. The accusation against the petitioners also is general and omnibus.

Regard being had to all the above stated facts, the petitioners are directed to be released on bail, in the event of their arrest or surrender before the court below within a period of eight weeks from the date of receipt/production of a copy of this order, on their furnishing bail bonds in the sum of Rs. 10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Motihari in connection with Pakridayal P.S. Case No. 92 of 2020, subject to the conditions as laid down under Section 438(2) Cr.P.C.

(Ashutosh Kumar, J) krishna/- U T