Lalkeshwar Prasad And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.34449 of 2016 Arising Out of PS.Case No. -15 Year- 2016 Thana -MAHILA PS District- JEHANABAD ======================================================

1. Lalkeshwar Prasad, son of Late Badhan Yadav.

2. Basanti Devi W/o Lalkeshwar Prasad.

3. Priyanka Devi W/o Dhananjay Prasad.

4. Dhananjay Prasad son of Lalkeshwar Prasad All resident of Mohalla-Untamadarpur, P.S.- Jehanabad, Distt- Jehanabad .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Satyendra Prasad Singh, Advocate For the Opposite Party/s : Mr. Nirmal Kumar Sinha, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 05-10-2016 Heard learned counsel for the petitioners and the learned counsel appearing on behalf of the State. The petitioner Nos.1, 2, 3 and 4 are the father-in-law, mother-in-law, elder Gotani and Bhaisur, respectively, are apprehending their arrest in connection with Jehanabad (Mahila) P.S. Case No.15 of 2016 registered for the offence under Sections 304B and 201/34 of the Indian Penal Code. Diary in the present case was called for, which has since been received.

Learned counsel for the petitioners submits that so far as these petitioners are concerned, they had been living separately from the family. The victim lady has been residing separately and, therefore, the allegation against these petitioners

Patna High Court Cr.Misc. No.34449 of 2016 (3) dt.05-10-2016 2/2 is frivolous. It is further submitted that the lady in question died of chest pain and was cremated with the consent of her family members, but the present case has been lodged as an afterthought. However, learned counsel for the petitioner submits that the allegation against these petitioners is general and omnibus and it was the husband alone who had been partaking, if at all, in any act of mental/physical torture.

Having heard learned counsel for the petitioners and the learned counsel for the State and there being no further specific cogent material against the petitioners, let the petitioners, above named, in the event of their arrest or surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order, 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 the learned SDJM, Jehanabad, in connection with Jehanabad (Mahila) P.S. Case No.15 of 2016, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Anjana Mishra, J) PNM U T