Arjun Prasad And ORS. v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.7644 of 2016 Arising Out of PS.Case No. -100 Year- 2015 Thana -NARHAT District- NAWADA ======================================================
1. Arjun Prasad
2. Nawal Prasad
3. Sunil Prasad All Sons of Shri Lakhan Yadav All Resident of VillageMishri Chak, Police Station Narhat, District Nawadah, .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Kamal Kishore Singh Mr. Arshad Javed Hashmi For the Opposite Party/s : Mr. Ranjit Ranjan(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 28-03-2016 Heard learned Counsel for the petitioners and learned Additional Public Prosecutor for the State. This application, for grant of anticipatory bail, arises out of Narhat Police Station Case No. 100 of 2015, disclosing offences under Sections 304B/201/34 of the Indian Penal Code.
Referring to the First Information Report, learned Counsel for the petitioners has submitted that no offence under Section 304B of the Indian Penal Code is made out inasmuch as it is alleged that the deceased was married to the brother of these petitioners in the year 2005-06. The deceased is said to have died on 26.07.2015.
Patna High Court Cr.Misc. No.7644 of 2016 (2) dt.28-03-2016 2/3 He further submits that there is no allegation of demand of dowry by the family members of the deceased. He also submits that the petitioners have been implicated only because they are brothers of the husband of the deceased and the father-in-law of the deceased has been granted regular bail by this Court vide order dated 30.01.2016 passed in Criminal Misc. No. 53268 of 2015.
Considering the aforesaid submissions and the contents of the First Information Report, this application is allowed.
Let the petitioners, namely, Arjun Prasad, Nawal Prasad and Sunil Prasad, in the event of their arrest or surrender before the Court below within six weeks, be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate III, Nawadah, in connection with Narhat Police Station Case No. 100 of 2015, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.
This is subject to the condition that the petitioners shall present themselves before the police/Court, as the case may be, as and when required and in the event of failure on their part to appear before
Patna High Court Cr.Misc. No.7644 of 2016 (2) dt.28-03-2016 3/3 the Court on two consecutive occasions, their bail bonds shall be liable to be cancelled.
(Chakradhari Sharan Singh, J.) Prabhakar Anand/- U √ T √