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Patna High CourtCR. MISC./69571/2021bail granted

Shivjatan Prasad @ Shiv Jatan Prasad v. The State Of Bihar

2022-08-08Mr. Justice Prabhat Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.69571 of 2021 Arising Out of PS. Case No.-24 Year-2021 Thana- SIMRA District- Aurangabad ====================================================== 1.

Shivjatan Prasad @ Shiv Jatan Prasad Son of Late Devran Mahto Resident of Village- Ajaniyan, P.S.- Simra, District- Aurangabad. 2.

Sona Devi Wife of Shivjatan Prasad Resident of Village- Ajaniyan, P.S.- Simra, District- Aurangabad.

3.

Kanchan Kumar @ Kanchan Kumar Prasad Son of Shiv Prasad Resident of Village- Ajaniyan, P.S.- Simra, District- Aurangabad. 4.

Anil Kumar Son of Sipahi Mahto Resident of Village- Risiyap, P.S.- Risiyap, District- Aurangabad, Bihar.

... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Urmila Verma Daughter of Rajendra Mahto Resident of Village- Jogiya, P.S.- Barun, District- Aurangabad, Bihar.

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

For the Petitioner/s :

Mr.Raghwendra Pratap Singh For the Opposite Party/s :

Mr.Arvind Kumar Pandey(App84) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 08-08-2022 Heard learned counsel for the petitioners and learned counsel for the State.

The petitioners apprehend their arrest in Simra P.S. Case No. 24 of 2021, registered for the offences punishable under Sections 498(A), 307 and other allied sections of the Indian Penal Code.

As per the prosecution case, all the accused persons including petitioners committed torture and cruelty with informant/Opposite Party No. 2 due to non-fulfillment of

Patna High Court CR. MISC. No.69571 of 2021(3) dt.08-08-2022 2/2 demand of dowry.

It is submitted on behalf of the petitioner that petitioner no. 1 is father-in-law, petitioner no. 2 is mother-inlaw, petitioner no. 3 is co-villager and petitioner no. 4 is maternal brother of husband of informant. The husband of informant has already been granted bail. Allegation of assault is general and omnibus and no specific overt act has been alleged against petitioners.

Counsel for informant/Opposite Party no. 2 vehemently opposed the prayer for bail.

Considering the facts aforesaid, the petitioners abovenamed, in the event of their arrest/surrender before the court below within a period of six weeks from the date of receipt/production of a copy of this order, are directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Sub-Divisional Judicial Magistrate, Aurangabad in connection with Simra P.S. Case No. 24 of 2021, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Prabhat Kumar Singh, J) vinita/- U T