Shailendra Prasad @ Chunnu Gope And ANR v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.24876 of 2016 Arising Out of PS.Case No. -32 Year- 2016 Thana -EKANGARSARAI District- NALANDA (BIHARSHARIFF) ======================================================
1. Shailendra Prasad @ Chunnu Gope, son of Latge Jugal Gope
2. Manju Devi wife of Shailendra Prasad @ Chunnu Gope, both resident of Village- Milkypar, P.S.- Ekangarsarai, District- Nalanda. .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Amit Kumar, Advocate For the Opposite Party/s : Mr. Dr. Ravindra Kumar (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 05-07-2016 Heard learned counsel for the petitioners and the State.
The petitioners being the parents of the husband of the victim are apprehending their arrest in a case registered for the offences punishable under Sections 498A, 304B/34 of the Indian Penal Code and 3/4 of the Dowry Prohibition Act.
The prosecution case is of killing the daughter of the informant Preeti Devi after three years of marriage for non-fulfillment of dowry demand of Rs.25,000/- and motorcycle by strangulation.
It is submitted by the learned counsel for the petitioners that accusation is omnibus and general against the entire in-laws family including the petitioners, who are
Patna High Court Cr.Misc. No.24876 of 2016 (3) dt.05-07-2016 old people. The thrust of accusation is against husband of the victim. There is no eye witness to the occurrence. Learned A.P.P. after going through the case diary submits that accusation of killing the daughter of the informant by strangulation is corroborated by the postmortem report. It is further submitted that though there is no eye witness to the occurrence, but the witnesses have supported the prosecution case and investigation is still pending.
Considering the fact that during investigation, as per learned A.P.P,. no eye witness have come to support the accusation and petitioners being the aged persons, let the above named petitioners be released on bail till conclusion of investigation in the event of their arrest or surrender before the learned court below within a period of twelve weeks from today, on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate, Hilsa, Nalanda (Biharsharif) in connection with Ekangarsarai P.S. Case No. 32 of 2016, subject to conditions as laid down under Section 438(2) of the Cr.P.C. (Dinesh Kumar Singh, J) P.K./- U T