Rohit Prasad And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.69102 of 2018 Arising Out of PS. Case No.-184 Year-2018 Thana- CHANDI District- Nalanda ======================================================

1. Rohit Prasad, S/O Late Shyam Sundar Prasad.

2. Srishti Devi, W/O Rohit Prasad.

3. Kiran Devi alias Sangeeta Devi, W/O Late Shyam Sundar Prasad. All R/V- Bhashan Bigha, P.S. Chandi, District-Nalanda. ... ... Petitioners

Versus

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

For the Petitioners :

Mr. Girish Singh, Advocate.

For the Opposite Party :

Mr. Madhuranand Jha, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 22-11-2018 Heard learned counsel for the petitioners and learned counsel for the State.

The petitioners are apprehending their arrest in a case for the offence registered under Sections 304(B), 201 and 120(B)/34 of the IPC.

The prosecution story, in brief, is that the accused persons including the petitioners killed the victim due to nonfulfilment of demand of dowry. It has been submitted by learned counsel for the petitioners that the petitioners have got no criminal antecedent. There is no allegation of tampering with the witnesses alleged against the petitioners. The petitioners have falsely been implicated in the present case. The petitioner no. 1 is Dewar,

Patna High Court Cr.Misc. No.69102 of 2018(2) dt.22-11-2018 2/2 petitioner no. 2 is sister-in-law (Jethani) and petitioner no. 3 is mother-in-law of the deceased. They are separate in mess and property from the husband of the deceased. From bare perusal of the F.I.R., it is evident that the deceased had committed suicide herself. Hence, no offence under Section 304(B) of the IPC is made out.

On behalf of the State, it is submitted that the petitioners are named in the F.I.R.

Considering the aforesaid facts and circumstances, let the petitioners above named, in the event of arrest or surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/-(Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned A. C.J.M.-Ist, Hilsa, in connection with Chandi P.S. Case No. 184 of 2018, subject to conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

U.K./- (Sudhir Singh, J) U T