Satyendra Prasad v. The State Of Bihar

Patna High Court Cr.Misc. No.49423 of 2017 (2) dt.17-10-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.49423 of 2017 Arising Out of PS.Case No. -144 Year- 2014 Thana -HARNAUT District- NALANDA (BIHARSHARIFF) ====================================================== Satyendra Prasad S/o Late Heera Lal, R/o Village- Cheran, P.S.- Harnaut, District- Nalanda. .... .... Petitioner

Versus

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

For the Petitioner : Mr. Sudhir Kumar Upadhyay, Advocate For the Opposite Party : Mr. Harendra Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 17-10-2017 Counsel for the petitioner and the State are present. Petitioner, who happens to be father-in-law of the deceased, is an accused in a case registered for offence under sections 304B/34 IPC and 3⁄4 of the Dowry Prohibition Act. Counsel for the petitioner submits that from perusal of the FIR lodged by the informant, father of the deceased, it is apparent that there was some personal dispute between the victim and her husband in relation to her pregnancy. The victim had also been admitted in the hospital for treatment by her mother-inlaw where she died. It is further stated that due to shock and trauma arising out of her death, his son, who happens to be the husband of deceased, also died. Counsel for the petitioner submits that during investigation it has come that the death occurred due to excess blood discharge associated with pregnancy.

Counsel for the informant has opposed the prayer for bail.

Considering the nature of allegation made in the FIR and the submissions made on behalf of the petitioner as also the fact that he is father-in-law aged about 75 years and is in custody

Patna High Court Cr.Misc. No.49423 of 2017 (2) dt.17-10-2017 since 18.8.2017, the bail application is allowed. Let the petitioner as mentioned above be released on bail on furnishing bail bond of Rs.10,000/- with two sureties of the like amount each to the satisfaction of the Additional Chief Judicial Magistrate, Nalanda at Biharsharif in Harnaut Police Station Case No. 144 pf 2014 on the following conditions:- (a) One of the bailors will be a close relative of the petitioner who will give an affidavit giving genealogy as to how he is related with him. The bailor will also undertake to inform the court if there is any change in the address of the petitioner. (b) The petitioner will give an undertaking that he will receive the police papers on the given date and be present on date fixed for charge and if he fails to do so on two given dates and delays the trial in any manner, her bail will be liable to be cancelled for reasons of misuse.

(c) The petitioner will be well represented on each date and if he fails to do so on two consecutive dates, his bail will be liable to be cancelled.

(Madhuresh Prasad, J) Shashi.

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