← Library
Patna High CourtCR. MISC./30770/2016bail granted

Prabhu Ram @ Prabhuram And ANR v. The State Of Bihar

2016-08-08Mr. Justice Hemant Kumar Srivastava2 pages

Patna High Court Cr.Misc. No.30770 of 2016 (2) dt.08-08-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.30770 of 2016 Arising Out of PS.Case No. -409 Year- 2015 Thana -SARAIYA District- MUZAFFARPUR ======================================================

1. Prabhu Ram @ Prabhuram S/o Late Jagdeo Ram

2. Lalita Devi w/o Prabhu Ram both resident of village Shivpur Ghoghrahan PS Saraiya Dist. Muzaffarpur .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Diwakar Prasad Karn For the Opposite Party/s Sri Ram Priya Saran Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 02/ 08.08.2016 Heard learned counsel for the petitioners as well as learned Addl. Public Prosecutor for the State.

Petitioners seek bail in a case registered under sections 304B, 201/34 of the Indian Penal Code.

Petitioners are parents-in-law of the deceased who died within eight months of her marriage at her matrimonial home. There is allegation that petitioners as well as husband of the deceased used to torture the deceased due to non-fulfillment of illegal demand of motorcycle.

Submission on behalf of petitioners is that the informant lodged this case under misconception but later on, when he realized his fault and learnt the real fact, he filed a petition before the court below.

The impugned order goes to show that in course of investigation, witnesses supported the prosecution story but

Patna High Court Cr.Misc. No.30770 of 2016 (2) dt.08-08-2016 investigation against the petitioners appears to have been completed and admittedly, dead body of the deceased had already been disposed of before institution of the present case.

Considering the aforesaid facts and circumstances as well as submissions of the parties, let the petitioners be released on bail on furnishing bail bonds of Rs 10,000/- each with two sureties of the like amount each to the satisfaction of the Sub divisional Judicial Magistrate (West), Muzaffarpur in Muzaffarpur Saraiya P.S. Case no. 409/2015.

shahid (Hemant Kumar Srivastava,J) U T