Satish Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.37003 of 2019 Arising Out of PS. Case No.-98 Year-2019 Thana- ATRI District- Gaya ====================================================== 1.

SATISH KUMAR Son of Late Parmanand Sharma Resident of Village - Sevtar, P.S.- Atari, Dist. - Gaya.

2.

Radha Devi W/o Satish Kumar Resident of Village - Sevtar, P.S.- Atari, Dist.- Gaya.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ajay Thakur, Advo.

For the Opposite Party/s :

Mr.Pancha Nand Pandit, APP For the Informant : Mr. Ramakant Sharma, Sr. Adv. ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 18-09-2019 This application, for grant of anticipatory bail, arises out of Atri P.S. Case No. 98 of 2019, disclosing offences under Sections 304(B)/34 of the Indian Penal Code. Petitioner happens to be father in law and mother in law of the deceased and allegation against them and others is of causing death of the deceased for non fulfillment of demand of dowry.

Submission of learned counsel for the petitioner is that several paragraphs of the case diary shows that it was the husband of the deceases, who was demanding the dowry and there was tense relationship between the husband and his wife (deceased). Furthermore, petitioners are father-in-law and

Patna High Court CR. MISC. No.37003 of 2019(3) dt.18-09-2019 2/3 mother-in-law and no specific allegation has been attributed to them. Furthermore, they are ready to abide by any condition imposed on them for grant of pre arrest bail. Heard learned A.P.P. also as well as learned senior counsel for the informant. They have opposed the prayer for bail. Learned senior counsel, appearing on behalf of the informant has submitted that there is allegation of demand of dowry and the death has been caused due to strangulation and rope was also found inside the house.

Having heard both sides, considering the facts and circumstances, let petitioners, above named, in the event of their arrest or surrender before the court below within two weeks from the date of receipt of a copy of this order, be released on bail on furnishing bail bond of Rs. 25,000/- (Rupees Twenty five Thousand) each with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate - XIII, Gaya, in connection with Atri P.S. Case No. 98 of 2019, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.

This is further subject to the condition that they will cooperate in investigation of the case and will appear as and when required by the police, except on showing genuine reasons

Patna High Court CR. MISC. No.37003 of 2019(3) dt.18-09-2019 3/3 and as they are father and mother of co-accused, it is expected that they will ask their son to surrender in this case, as he is absconding since long as submitted by learned counsel for the informant.

(Vinod Kumar Sinha, J) sunilkumar/- U T