Shatrughan Prasad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.7268 of 2016 Arising Out of PS.Case No. -114 Year- 2015 Thana -SHIWAPATHI District- MUZAFFARPUR ======================================================

1. Shatrughan Prasad son of Saryug Prasad, resident of village- Harser, P.S. Siwaipatti, District- Muzaffarpur .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Arun Kumar For the Opposite Party/s : Mr. Abhay Kumar No. 1 (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 03-05-2016 Heard the learned counsel for the petitioner as well as the learned A.P.P for the State.

The petitioner seeks bail in a case for the offences punishable under section 304 (B)/34 of the I.P.C and section 3⁄4 of the Dowry Prohibition Act.

Rima Kumari, the sister-in-law (Sali) of the informant was found dead hanging with the Lichi plant and it is alleged that the petitioner and other in-laws hanged her to death. The marriage of Rima Kumari was performed with Subhash Prasad on 20.05.2015 in a temple as both have performed love marriage. Submission is of false implication and that the petitioner is an old father-in-law, he has been made accused without any fault, Subhash Prasad, the son of the petitioner,

Patna High Court Cr.Misc. No.7268 of 2016 (4) dt.03-05-2016 2/2 performed love marriage with the deceased so the question of demanding dowry does not arise, due to some trivial dispute the deceased committed suicide, the husband is already in custody and as such the petitioner who is suffering in custody since 10.11.2015 deserves sympathetic consideration, to which the learned A.P.P. fairly submits that the petitioner is the father-in-law. In the facts and circumstances as stated above, considering that charge sheet has already been submitted and the petitioner is the father-in-law and as such he is directed to 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 Sub. Judge 9th- Cum- A.C.J.M. Muzaffarpur in Siwaipatti P.S. Case No.

114 of 2015, subject to the conditions that one of the bailors must be a near relative and another having sufficient immovable property within the territorial jurisdiction of the court concerned and the petitioner shall remain present on each and every date during trial and the default on two consecutive dates on his part without any reason shall disentitle the petitioner from privilege of bail.

(Jitendra Mohan Sharma, J) Abhay/- U T