Patna High CourtCR. MISC./6351/2016bail granted

Rakesh Prasad And ANR v. The State Of Bihar

2016-05-13Justice Smt. Anjana Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.6351 of 2016 Arising Out of PS.Case No. -114 Year- 2015 Thana -SHIWAPATHI District- MUZAFFARPUR ======================================================

1. Rakesh Prasad Son of Shatrughan Prasad

2. Usha Devi wife of Shatrughan Prasad Both residents of Village- Harsher, P.S. Siwaipatti, District- Muzaffarpur. .... .... Petitioners

Versus

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

For the Petitioner/s : Mr. Arun Kumar For the Opposite Party/s : Mr. Amrendra Pd.(App) ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 13-05-2016 Heard learned counsel for the petitioners and learned counsel appearing on behalf of the State. It is submitted by the learned counsel for the petitioners that the petitioner no. 1 has been taken into custody and therefore, the application as against petitioner no. 1 has become infructuous.

Accordingly, the application as against petitioner no. 1 is dismissed as infructuous.

So far as the petitioner no. 2 is concerned, she, being the mother-in-law, is apprehending her arrest in connection with Siwaipatti P.S. Case No. 114 of 2015 registered for the offences punishable under Section 304(B)/34 of the Indian Penal Code and Section 3/4 of the Dowry

Patna High Court Cr.Misc. No.6351 of 2016 (3) dt.13-05-2016 2/2 Prohibition Act.

The allegation against her is that she had been resisting the love marriage of the victim girl with her son and therefore, the present case has been lodged making far-fetched allegation against her.

Considering the aforementioned facts and circumstances of the case and also the fact that there is no cogent material against the petitioner no. 2 in the present case, let the petitioner no. 2, Usha Devi, in the event of her arrest / surrender within a period of four weeks from the date of receipt/production of a copy of this order, be enlarged on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the each amount to the satisfaction of the learned Sub-Judge-9th-cum-Additional Chief Judicial Magistrate, Muzaffarpur in connection with Siwaipatti P.S. Case No. 114 of 2015, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

(Anjana Mishra, J) ajaypd./- U T