Parmeshwar Sah @ Prameshwar Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.54400 of 2024 Arising Out of PS. Case No.-107 Year-2024 Thana- SONO District- Jamui ====================================================== 1.

Parmeshwar Sah @ Prameshwar Sah Son of Rohan Sah Resident of VillSarebad, P.S.- Sono, District- Jamui. 2.

Manju Devi Wife of Parmeshwar Sah Resident of Vill- Sarebad, P.S.- Sono, District- Jamui.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Satya Prakash Parasar, Advocate For the State :

Mr. Suresh Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 28-08-2024 Heard the parties.

2. The petitioner is apprehending his arrest in connection with Sono P.S. Case No. 107 of 2024 for the offence under Sections 304-B, 498-A and 34 of the Indian Penal Code and section 3 and 4 of the Dowry Prohibition Act, lodged on 24.03.2024 by the informant, Sunita Devi.

3. As per the prosecution story, the informant alleged that her daughter was married with one Bhagat Sah and later was also blessed with a child but was always tortured for dowry, on the fateful day information came that she has been rushed to the Radhika Emergency Hospital and later she died. Accordingly, the F.I.R.

Patna High Court CR. MISC. No.54400 of 2024(2) dt.28-08-2024 2/3

4. Learned counsel for the petitioners submit that she was suffering with the illness, the family members were informed, they came to hospital when she died and it shows the genuineness. Further, the husband is in judicial custody (paragraph no.11 to the petition) and these petitioners are agnates having no concerned with the couple.

5. Learned APP opposes the prayer submitting that the name has come in the F.I.R.

6. Considering the submissions put forward by the parties as also the fact that the both the petitioners are aged and do not have criminal antecedent, admittedly, the husband is in custody, this Court is inclined to extend him the privilege of anticipatory bail.

7. Let the petitioners be released on bail in the event of arrest or surrender within a period of four weeks from the receipt of this order, on furnishing bail bond of Rs. 10,000/- (Ten thousand) each with two sureties of like amount each to the satisfaction of learned Judicial Magistrate-1st Class, Jamui, in connection with Sono P.S. Case No. 107 of 2024, subject to the conditions as laid down under Section 438(2) of the Cr.P.C., as also with the following conditions:- (i) one of the bailor should be the family

Patna High Court CR. MISC. No.54400 of 2024(2) dt.28-08-2024 3/3 member/relative of the petitioners who shall provide official document to show his/her bona fide;

(ii) the petitioners shall appear on each and every date before the Trial Court and failure to do so for two consecutive dates without plausible reason will entail cancellation of his bail bond by the Trial Court itself;

(iii) the petitioners shall in no way try to induce or promise or threat the witnesses or tamper with the evidences, failing which the State shall be at liberty to take steps for cancellation of the bail bonds;

(iv) the petitioners shall desist from committing any criminal offence again, failing which the State shall be at liberty to take steps for cancellation of his bail bonds. (Rajiv Roy, J) vinayak/- U T