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Patna High CourtCR. MISC./53484/2016disposed

Brijnandan Prasad @ Brijanand Prasad And ANR v. The State Of Bihar

2017-01-11Justice Smt. Anjana Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.53484 of 2016 Arising Out of PS.Case No. -167 Year- 2016 Thana -BARAULI District- GOPALGANJ ======================================================

1. Brijnandan Prasad @ Brijanand Prasad, son of Late Hiraman Prasad alias Late Hiraman Bhagat

2. Shashi Ranjan Prasad alias Shashi Ranjan,son of Brijnandan Prasad @ Brijanand Prasad Both are of resident of Village-Jalpurwa, P.S.-Barauli, District-Gopalganj .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Lokesh Kumar Singh, Advocate For the Opposite Party/s : Mr. Bharat Lal, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 11-01-2017 Heard learned counsel for the petitioners and the learned counsel appearing on behalf of the State. Learned counsel for the informant is also present.

The petitioners are apprehending their arrest in connection with Barauli P.S. Case No.167 of 2016 for allegedly having committed the offences under Section 304B/34 of the Indian Penal Code.

Learned counsel for the petitioners submits that though it is a case of suicide, the petitioners have been falsely implicated in connection with the present case. Learned counsel for the informant, however, submits that barely one and a half months after the marriage, the girl was done to death.

Patna High Court Cr.Misc. No.53484 of 2016 (2) dt.11-01-2017 2/2 After hearing the learned counsel for the petitioners and the learned counsel for the State and also the learned counsel appearing for the informant, it appears that there is no specific allegation against Petitioner No.2. As such, let Petitioner No.2, namely, Shashi Ranjan Prasad alias Shashi Ranjan, in the event of his arrest or surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order, be released on bail on furnishing bail bond of `10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Gopalganj, in connection with Barauli P.S. Case No.167 of 2016, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

So far as Petitioner No.1, Brijnandan Prasad alias Brijanand Prasad, is concerned, there being specific allegation of demand of dowry against him, I am not inclined to grant anticipatory bail to him. It is, accordingly, rejected. (Anjana Mishra, J) PNM U T