Prabhakar Prasad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.60108 of 2022 Arising Out of PS. Case No.-95 Year-2021 Thana- MAHILA P.S. District- Patna ====================================================== 1.

PRABHAKAR PRASAD Son of Late Ambika Prasad Resident of Village and P.O.- Bargaon, P.S.- Sirdala, District- Nawada, Pin- 805122 2.

Manimala Sinha Wife of Prabhakar Prasad Resident of Village and P.O.- Bargaon, P.S.- Sirdala, District- Nawada, Pin- 805122 3.

Sanjay Kumar Son of Prabhakar Prasad @ Prabhakar Resident of Village and P.O.- Bargaon, P.S.- Sirdala, District- Nawada, Pin- 805122 ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Satish Kumar Sinha, Senior Advocate For the Opposite Party/s :

Mr. Syed Mojibur Rahman, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 22-11-2022 Heard learned Senior counsel for the petitioners and learned A.P.P. for the State.

The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 323, 341, 342, 498A, 376, 354A, 506 and 509 of the Indian Penal Code and Section 3⁄4 of the Dowry Prohibition Act as well as Section 8 of the POCSO Act.

The informant alleges that her daughter was married to Vikash Kumar, further after marriage Vikash demanded money from her father to purchase land but the demand was not fulfilled, thereafter, accused persons started torturing her and

Patna High Court CR. MISC. No.60108 of 2022(2) dt.22-11-2022 2/3 subjected her to unnatural sex on account of which she fell ill, thereafter, she was treated in a hospital and after treatment her father took her back to her matrimonial home, thereafter, she gave birth to a girl child which was not liked by the accused persons, further it is alleged that she saw her husband touching the private parts of her daughter and when she complained the accused persons threatened her.

Learned Senior counsel for the petitioners submits that the petitioners are persons with clean antecedent and have been falsely implicated in the present case, it is next submitted that from perusal of the allegation as alleged in the FIR it would manifest that the thrust of the allegation is against Vikash, it is also submitted that petitioners are father-in-law, mother-in-law and brother-in-law of the informant against whom there is no specific allegation rather allegation of demand and torture is general and omnibus in nature.

Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioners.

Considering the submissions made by the learned counsel for the petitioners, the petitioners above-named, in the event of their arrest or surrender before the learned trial court within a period of six weeks from today, be released on

Patna High Court CR. MISC. No.60108 of 2022(2) dt.22-11-2022 3/3 anticipatory bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned trial court where the case is pending/successor court in connection with Mahila P.S. Case No. 95 of 2021 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

(Satyavrat Verma, J) GauravSinha/- U T