Nand Kisore Prasad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.2538 of 2016 Arising Out of PS.Case No. -61 Year- 2015 Thana -SIDHWALIA District- GOPALGANJ ====================================================== Nand Kisore Prasad S/o Dharam Prasad (Husband) R/o Village- Balara, P.S.- Sidhwaliya, Dist.,- Gopalganj .... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Harendra Prasad For the Opposite Party/s : Mr. Smt. Indu Kumari Srivastava(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 03-03-2016 Heard learned counsel, appearing on behalf of the petitioner, and the learned Addl. Public Prosecutor, appearing on behalf of the State.

This application for grant of anticipatory bail arises out of Sidhwaliya P.S. Case No. 61/2015, disclosing offences under sections 302, 201, 120B of the Indian penal Code. The petitioner is the husband of the deceased. Marriage between the petitioner and the deceased had taken place, admittedly, nearly nine years before the date of occurrence. It is alleged that the demand of dowry was made by the In-laws and subsequently the petitioner and his family members killed the deceased. Father of the deceased is the informant of the case. Learned counsel for the petitioner submits that there is

Patna High Court Cr.Misc. No.2538 of 2016 (3) dt.03-03-2016 absolutely no allegation of any omission or overt act on the part of the petitioner, which led to death of the deceased. He further submits that the case has been instituted under section 302 of the Indian Penal Code merely because the death had not occurred within seven years of the marriage of the deceased and the petitioner, which would have constituted an offence under section 304B of the Indian Penal Code. He submits that no offence under section 302 of the Indian Penal Code is made out against the petitioner on the basis of contents of the First Information Report. I find some substance in the submissions made on behalf of the petitioner. This application is, accordingly, allowed.

Let the petitioner, abovenamed, in the event of his arrest/ surrender before the court below within six weeks from today, be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Mr. Ashish Mishra, Judicial Magistrate, 1st Class, Gopalganj in connection with Sidhwalia P.S.Case No. 61/2015, subject to the conditions as laid down under section 438(2) of the Code of Criminal Procedure.

This is subject to the condition that the petitioner shall present himself before the police/ court, as the case may be, as and when required and in the event of failure on his part to appear

Patna High Court Cr.Misc. No.2538 of 2016 (3) dt.03-03-2016 before the court on two consecutive occasions, his bail bonds shall be liable to be cancelled.

(Chakradhari Sharan Singh, J) Surendra/- U