Kishori Prasad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.6622 of 2021 Arising Out of PS. Case No.-132 Year-2020 Thana- ISLAMPUR District- Nalanda ====================================================== 1.

KISHORI PRASAD S/O VISU MAHATO R/O VILLAGE- SIDHARI,PSISLAMPUR,DISTT-NALANDA 2.

SHYAM FUL DEVI W/O KISHORI PRASAD R/O VILLAGESIDHARI,PS- ISLAMPUR,DISTT-NALANDA ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rakesh Kumar For the Opposite Party/s :

Mr.APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 03-02-2022 This matter has been taken up for hearing online because of COVID-19 pandemic restrictions.

Heard learned counsel for the petitioners and learned APP for the State.

Learned counsel for the petitioners is expected to honour his undertaking to remove the defects as pointed out by the office when called upon to do so by the office. The instant application for anticipatory bail has been filed by the petitioners apprehending their arrest in connection with Islampur P.S. Case no. 132 of 2020 instituted for the offence under Sections 304(B), 201 and 34 of the Indian Penal Code.

Patna High Court CR. MISC. No.6622 of 2021(3) dt.03-02-2022 2/3 As per allegation in the FIR, petitioners along with his family members have tortured in various ways due to nonfulfillment of motorcycle in dowry demand and ultimately they killed her.

Learned counsel appearing on behalf of the petitioners has submitted that petitioners are parents-in-law of the deceased and have been falsely implicated in this case. They have never demanded any thing from the deceased. They have no concern with the daily activity of the informant and are living separately. The sole responsibility to take care of wife is upon husband and not against the family members who are the petitioners. Learned APP appearing for the State has opposed the prayer of Bail and submitted that it is a case of dowry death. It is not fit case for granting anticipatory bail. Having heard learned counsel for the parties and considering the fact that petitioners are parents-in-law of the deceased, this Court is inclined to enlarge the petitioners on bail. The petitioners are directed to surrender in the Court below within a period of four weeks from today and in the event of their arrest or surrender in connection with Islampur P.S. Case no. 132 of 2020, they will be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of

Patna High Court CR. MISC. No.6622 of 2021(3) dt.03-02-2022 3/3 the like amount each to the satisfaction of learned 1st Class, Judicial Magistrate, Hilsa Nalanda. subject to the conditions as laid down under section 438(2) of the Cr.P.C. (Sunil Kumar Panwar, J) sushma/- U