Chandrashekhar Prasad v. The State Of Bihar

Patna High Court Cr.Misc. No.27345 of 2016 (3) dt.05-09-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.27345 of 2016 Arising Out of PS.Case No. -17 Year- 2016 Thana -PANDARAK District- PATNA ====================================================== Chandrashekhar Prasad Son of Late Prasadi Rai resident of Village - Goptika, Police Station - Pandarak, District - Patna. ... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Arun, Advocate. For the Opposite Party/s : Mr. Md. Nazir Ansari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 05-09-2016 Heard learned counsel for the petitioner, learned Additional Public Prosecutor for the State and the learned counsel for the informant.

The petitioner being father-in-law of the deceased is languishing in custody since 16.04.2016 in a case registered for the offences under Sections 304B and 201/34 of the Indian Penal Code.

According to prosecution case, the marriage of the deceased was solemnized in the year 2011 and she spent her married life with her husband happily and peacefully for some period and in that course she gave birth of two children out of the wedlock. But later on it is alleged that her in-laws and husband demanded Rs. 50,000/- as dowry and when the aforesaid demand was not fulfilled, she was done to death by her in-laws as well as by her husband.

Patna High Court Cr.Misc. No.27345 of 2016 (3) dt.05-09-2016 Submission on behalf of the petitioner is that the mother-inlaw of the deceased has already been granted anticipatory bail by a coordinate Bench of this Court vide order dated 13.07.2016 passed in Cr. Misc. No. 22748 of 2016. It is further submitted that the informant has lodged the present case only with intent to fetch money. It is further submitted that the parties have already settled their dispute amicably and in pursuance of that agreement some cash was deposited in the account of the informant. Learned counsel drew my attention towards Annexure 2 to this petition. On the other hand, learned counsel for the informant vehemently opposes the prayer for bail and submits that the deceased was killed by petitioner and his family members and moreover, only Rs. 1 lacs has been credited in his account. It is further submitted that the informant entered into an agreement on the pressure and compulsion of local police.

Considering the aforesaid facts as well as submissions of the parties, let the petitioner be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of Additional Chief Judicial Magistrate, Barh, Patna in connection with Pandarak P.S. Case No. 17 of 2016.

(Hemant Kumar Srivastava, J) Prakash/- U T