Ashnarayan Prasad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.14397 of 2016 Arising Out of PS.Case No. -66 Year- 2013 Thana -SIDHWALIA District- GOPALGANJ ======================================================

1. Ashnarayan Prasad, Son of Maharaj Rawat, resident of Village- Baghwar, P.S.- Sidhwalia, District- Gopalganj.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ranjeet Kumar Pandey For the Opposite Party/s : Mr. Ajay Kumar 1 (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 07-04-2016 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State. Petitioner seeks bail in a case registered for the offences punishable under Sections 304B/34 of the Indian Penal Code.

Petitioner happens to be father in law of the informant's sister, who died within four months of her marriage, allegedly, in other than normal circumstances. Submission on behalf of the petitioner is that the husband of the deceased has already been acquitted by the learned 2nd Additional Sessions Judge, Gopalganj in Sessions Trial No. 236 of 2015.

No doubt, the first information report was lodged in

Patna High Court Cr.Misc. No.14397 of 2016 (2) dt.07-04-2016 2/2 the year 2013 but it would appear from perusal of the judgment pronounced by the learned 2nd Additional Sessions Judge, Gopalganj in Sessions Trial No. 236 of 2015 that charge sheet had been submitted only against the husband of the deceased and investigation against the petitioner and some other accused had been kept pending and that is the reason, the petitioner did not surrender before the court below. However, petitioner is in jail custody since 25.11.2015.

Considering the aforesaid facts and circumstances as well as submissions of the parties, let the petitioner be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Gopalganj in connection with Sidhwaliya P.S. Case No. 66 of 2013.

(Hemant Kumar Srivastava, J) SHAHZAD/- U T