Nagina Prasad And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.34003 of 2016 Arising Out of PS.Case No. -28 Year- 2016 Thana -AUGARI District- NALANDA (BIHARSHARIFF) ======================================================

1. Nagina Prasad son of Late Ramdeo Singh

2. Chinta Devi wife of Nagina Prasad Both resident of Village- Datu Bigha, Police Station- Aungari (Pir Bigha), District- Nalanda. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Anil Kumar Singh, Advocate For the Opposite Party/s : Mr. Ashok Kumar Singh 1, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 24-08-2016 Heard learned counsel for the petitioners and the learned A.P.P. for the State.

Petitioners apprehend their arrest in connection with Aungari (Pir Bigha) P.S. Case No. 28 of 2016 registered for the offence punishable under Sections 304(B), 201/34 of the Indian Penal Code.

The prosecution case, in brief, is that informant got his sister, Pratima Kumari married with Manish Kumar on 27.05.2015 and one month after marriage, Pratima Kumari went to her matrimonial home. Thereafter, accused persons started demanding one motorcycle as dowry and on non-fulfillment of the same, they started to torture

Patna High Court Cr.Misc. No.34003 of 2016 (2) dt.24-08-2016 2/3 and assault her and ultimately on 22.03.2016, sister of the informant, Pratima Kumari had been killed due to nonfulfilment of the demand of dowry. It has been submitted by the learned counsel for the petitioners that petitioners are father-in-law and mother-in-law of the deceased, Pratima Kumari. He further submits that there is general and omnibus allegation against these petitioners and husband of the deceased is already in custody since 28.03.2016.

However, learned A.P.P. for the State submits that petitioners are named in the First Information Report, hence, opposes the prayer for bail. Be that as it may, since husband of the deceased has already been arrested and petitioners are fatherin-law and mother-in-law with no specific allegation, let the petitioners, named above, in the event of their arrest or surrender before the learned Court below within a period of eight weeks from today, be released on bail on furnishing bail bonds of Rs. 10,000/- (Rs. ten thousand only) each with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate, Hilsa, Nalanda in connection with Aungari (Pir Bigha) P.S. Case No. 28 of

Patna High Court Cr.Misc. No.34003 of 2016 (2) dt.24-08-2016 3/3 2016, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Nilu Agrawal, J.) Arjun/- U T