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Patna High CourtCR. MISC./58563/2024bail granted

Anil Prasad v. The State Of Bihar

2024-10-04Mr. Justice Chandra Shekhar Jha3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.58563 of 2024 Arising Out of PS. Case No.-200 Year-2024 Thana- ROHTAS District- Rohtas ====================================================== 1.

Anil Prasad Son of Netalal Prasad Resident of Village - Ghatawan, P.S. - Kudra, District - Kaimur 2.

Lila Kumari Wife of Anil Prasad Resident of Village - Ghatawan, P.S. - Kudra, District - Kaimur ... ... Petitioners

Versus

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

For the Petitioner/s :

Mr.Ashutosh Tripathy, Advocate For the Opposite Party/s :

Mr.Ashok Kumar Singh,AP.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 04-10-2024 Heard learned counsel for the petitioners and learned A.P.P. for the State.

2. The petitioners, who are named in the F.I.R., apprehend their arrest in connection with Rohtas P.S. Case No. 200 of 2024 registered for the offence under Section 302/34 of the Indian Penal Code and Section 3⁄4 of the Dowry Prohibition Act.

3. The allegation against the petitioners is to cause death of the sister of the informant due to non-fulfillment of demand of dowry as raised for golden chain. The present occurrence took place after seven years of marriage.

4. Learned counsel appearing on behalf of the

Patna High Court CR. MISC. No.58563 of 2024(3) dt.04-10-2024 2/3 petitioners submitted that petitioner no. 1 is the husband of petitioner no. 2, who are Nandosi and Nanad (sister-in-law) of deceased, who married much prior to the marriage of deceased with brother of petitioner no. 2. It is submitted that marriage took place between both the petitioners in the year 1985 itself, and since then they are living separately and having no connection with daily and domestic affairs with the husband of deceased. While concluding argument, learned counsel submitted that petitioners are men of clean antecedent.

5. Learned A.P.P. for the State duly assisted by learned counsel for the informant have opposed the prayer of anticipatory bail of the petitioners.

6. In view of the aforesaid facts and circumstances of the case and by taking note of the fact as both petitioners are in-laws of deceased sister of the informant, who are living separately with mess and business with the husband of the deceased, where petitioners are men of clean antecedent, accordingly, above-named petitioner, in the event of their arrest/surrender within a period of four weeks

Patna High Court CR. MISC. No.58563 of 2024(3) dt.04-10-2024 3/3 from today, is directed to be enlarged on bail on furnishing of bail bond of Rs.10,000/- (ten thousand only) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Rohtas at Sasaram /concerned court in connection with Rohtas P.S. Case No. 200 of 2024, subject to the conditions as laid down under Section 438(2) of the Cr.P.C/Section 482(2) of the Bhartiya Nyaya Suraksha Sanhita (in short "B.N.S.S."). (Chandra Shekhar Jha, J.) Rajeev/- U T