Pawan Prasad @ Pawan Kumar Lal And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.70129 of 2018 Arising Out of PS. Case No.-64 Year-2018 Thana- MUSRIGHRARI District- Samastipur ======================================================

1. Pawan Prasad @ Pawan Kumar Lal, S/o Late Gonar Lal, Resident of Village- Mobarakpur, P.S.- Sarairangan Distt.- Samastipur.

2. Mina Devi, Wife of Pawan Prasad @ Pawan Kumar Lal, Resident of Village- Mubarakpur, P.S.- Sarairgan i, Distt.- Samastipur.

... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Anshu Dhar Sharma For the Opposite Party/s :

Mr. Sri Sanjay Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 06-12-2018 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners, being the parents of the husband of the victim, are apprehending their arrest in a case registered for the offences punishable under Sections 304B and 201/34 of the Indian Penal Code.

The prosecution case, as per the written report of Vimal Prasad dated 03.06.2018, submitted to the Station House Officer, Musrigharari P.S., is to the effect that the marriage of the daughter of the informant, Geeta Kumari was performed with Pintu Kumar, two years prior to the lodging of the case and thereafter, further dowry demand of Rs. Two lakh was made by

Patna High Court Cr.Misc. No.70129 of 2018(2) dt.06-12-2018 2/3 the in-laws family members and on non-fulfillment of the same, she was tortured. However, the informant tried to pacify the issue in question On 03.06.2018 at 7.30 A.M., the informant was informed by an unknown person through mobile phone that the daughter of the informant has been killed by her husband and other in-law family members. Thereafter, the informant went to the in-laws house of his daughter where he found nobody and he came to know that the dead body of his daughter has been cremated.

It is submitted by learned counsel for the petitioners that the thrust of accusation is against the husband of the victim, who is in custody and the petitioners are the parents of the husband of the victim who claim to be separate from the husband of the victim. The accusation is omnibus and general. It is further submitted that the son of the petitioners had performed love marriage with the victim, hence, there was no question of demand of dowry.

Learned APP submits that the petitioners are named in the FIR.

Considering the thrust of accusation against the husband of the victim, coupled with the fact that the parents live separately from the husband of the victim, let the above named

Patna High Court Cr.Misc. No.70129 of 2018(2) dt.06-12-2018 3/3 petitioners be released on anticipatory bail in the event of arrest or surrender before the learned Court below within a period of twelve weeks from today, on furnishing bail bonds of Rs.10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Samastipur in connection with Musrigharari P.S. Case No. 64 of 2018, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Dinesh Kumar Singh, J) DKS/- U T