Shivji Shah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.49056 of 2019 Arising Out of PS. Case No.-685 Year-2018 Thana- KADAMKUAN District- Patna ====================================================== 1.

SHIVJI SHAH, aged about 68 years, Male, Son of Late Bunni Shah, Resident of Village - Laukhan, P.S.- Ghorasahan, Distt - East Champaran 2.

Prabhawati Devi, aged about 63 years, Male, Wife of Shivji Shah, Resident of Village - Laukhan, P.S.- Ghorasahan, Distt - East Champaran ... Petitioners

Versus

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

For the Petitioners :

Mr. Rakesh Kumar, Adv.

For the Opposite Party :

Mr. Rajeev Nayan, APP 231 ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 06-08-2019 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the state.

The petitioners seek pre-arrest bail in connection with Kadamkuan P.S. Case No. 685 of 2018 for the offences alleged under Sections 304B and 120B of the Indian Penal Code. The accusation is of committing suicide by the daughter of the informant due to torture at the hands of her husband and in-laws.

Learned counsel appearing for the petitioners submits that in fact daughter of the informant performed love marriage with co-accused, Sanjiv Kumar, who is the son of the petitioners and after marriage, the daughter of the informant and Sanjiv Kumar use to reside at Patna, but, the petitioners, who are

Patna High Court CR. MISC. No.49056 of 2019(2) dt.06-08-2019 2/2 parents of Sanjiv Kumar, have falsely been implicated in this case. More over, Sanjiv Kumar, husband of the deceased, is in custody.

Learned Additional Public Prosecutor for the State opposes the prayer for pre-arrest bail.

Having regard to the facts and circumstances of the case, let the petitioners, above named, in the event of surrender/arrest, within a period of four weeks from today, in connection with Kadamkuan P.S. Case No. 685 of 2018 shall be released on pre-arrest bail on furnishing bail bonds of Rs.10,000/- (rupees ten thousand) each with two sureties of the like amount each to the satisfaction of the Sub Judge-cumAdditional Chief Judicial Magistrate, VII, Patna, or the successor Court subject to the conditions as laid down under Section 438(2) Criminal Procedure Code.

(Rajendra Kumar Mishra, J) Shamshad/- U T