Rajdev Prasad v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.56871 of 2019 Arising Out of PS. Case No.-56 Year-2019 Thana- GOPALPUR District- Gopalganj ====================================================== 1.
RAJDEV PRASAD, aged about 55 years, Male, Son of Late Kulan Sah, Resident of Village - Chilwa, P.S.- Gopalpur, Dist.- Gopalganj 2.
Roshni Devi, aged about 45 years, Female, Wife of Rajdev Prasad, Resident of Village - Chilwa, P.S.- Gopalpur, Dist.- Gopalganj ... Petitioners
Versus
The State of Bihar ... Opposite Party ====================================================== Appearance :
For the Petitioners :
Mr. Pankaj Kumar Dubey, Adv.
For the Opposite Party :
Mr. Satyadeo Singh Yadav, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 09-09-2019 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the state.
The petitioners seek pre-arrest bail in connection with Gopalganj P.S. Case No. 56 of 2019 for the offences alleged under Sections 498A and 307/34 of the Indian Penal Code and 3 and 4 of the Dowry Prohibition Act.
The accusation is that due to non-fulfillment of demand of motorcycle and cash of Rs.1,00,000/- in dowry Sunita, sister of the informant, was brutally assaulted at about 10.00 p.m. on 02.04.2019 and also put her on fire in which she sustained burn injury and she is under treatment in medical college, Gorakhpur.
Learned counsel appearing for the petitioners submits
Patna High Court CR. MISC. No.56871 of 2019(2) dt.09-09-2019 2/2 that petitioners are father-in-law and mother-in-law of the victim. In fact, sister of the informant sustained burn injury in course of cooking.
Learned Additional Public Prosecutor for the State opposes the prayer for pre-arrest bail.
Having regard to the facts and circumstances of the case and considering the nature of allegation, I am not inclined to grant the privilege of pre-arrest bail to the petitioners. The prayer for pre-arrest bail is rejected. The petitioners are directed to surrender before the Court below and seek regular bail, which will be considered on its own merit and without being prejudiced of this order.
(Rajendra Kumar Mishra, J) Shamshad/- U T