Madan Prasad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.48688 of 2022 Arising Out of PS. Case No.-186 Year-2022 Thana- BAGHA District- West Champaran ====================================================== 1.

Madan Prasad Son Of Late Sidhu Shah Resident Of Village - Khoda Parsa, P.S.- Bhairoganj, District - West Champaran.

2.

Mina Devi Wife Of Madan Prasad Resident Of Village - Khoda Parsa, P.S.- Bhairoganj, District - West Champaran.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mrs. Priyanka Singh For the Opposite Party/s :

Mr. Lalan Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 15-12-2022 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners are apprehending their arrest in a case registered for the offences punishable under Sections 304(B), 201, 120B/34 of the Indian Penal Code.

The prosecution case as per F.I.R is that daughter of the informant was always tortured and assaulted by petitioners and co-accused person, so the daughter of the informant ie. deceased used to live to her paternal house. After Panchayati she came to her

Patna High Court CR. MISC. No.48688 of 2022(2) dt.15-12-2022 2/3 matrimonial house, then, petitioners and co-accused person started demanding for land as dowry. It is further alleged that due to non fulfillment of dowry demand her husband and petitioners, killed the daughter of informant by strangulation.

It is submitted by learned counsel for the petitioners that petitioners are innocent and they have falsely been implicated in the present case. It is also submitted that petitioners are in-laws of the deceased. Petitioner No. 1 is father-in-law and petitioner No. 2 is mother-in-law of the deceased. The deceased live separately from the petitioners and petitioners have no concern with the mess and business of the deceased and his husband. The main responsibility to maintain his wife and to keep with dignity is upon her husband. It is also submitted that husband of the deceased is in judicial custody. A statement has been made in para 3 of the petition that petitioners have no criminal antecedent. In the facts and circumstance of the case, let

Patna High Court CR. MISC. No.48688 of 2022(2) dt.15-12-2022 3/3 the petitioners, above named, in the event of their arrest or surrender before the Court below within a period of four weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/-(Ten Thousands) each with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate, 1st, Bagha, West Champaran in connection with Bagha P.S. Case No. 186 of 2022, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Sunil Kumar Panwar, J) nirajkrs/- U T