Gopal Sharan Prasad And ANR v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.41771 of 2017 Arising Out of PS.Case No. -83 Year- 2017 Thana -PAKARIBARAW District- NAWADA ======================================================
1. Gopal Sharan Prasad, Son of Late Ram Lakhan Mahto, R/o VillagePoksi, P.S.- Pakri Barwana, District- Nawada.
2. Kaushalya Devi W/o Gopal Sharan Prasad, R/o Village- Poksi, P.S.- Pakri Barawan, District- Nawada.
.... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Arun Kumar No. 1 For the Opposite Party/s : Mr. Madan Kumar ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 20-09-2017 Heard learned counsel for the petitioners and learned APP for the State.
Petitioners seek bail in connection with Pakri Barawan P.S. Case No. 83/2017 for offences punishable under Sections 302/201/34 of the Indian Penal Code. The prosecution case, as lodged by the informant, is that his granddaughter Soni Kumari was married to one Madan Kumar in the year 2007 and she was always subjected to torture by her husband and in-laws. She had three children out of the wedlock and informant came to know on 19.05.2017 that the petitioners along with her husband and in-laws had killed his granddaughter and cremated the dead body.
Patna High Court Cr.Misc. No.41771 of 2017 (2) dt.20-09-2017 2/3 It has been submitted by the learned counsel for the petitioner no. 1 is father-in-law and petitioner no. 2 is motherin-law of the deceased and have not committed any offence allegations being general and omnibus. He submits that the husband is already in judicial custody and they are languishing in custody since 20.05.2017. He further submits that chargesheet has already been submitted and there is no allegation of tampering of the prosecution witnesses by the petitioners. However, learned APP for the State opposes the prayer for bail.
Considering the facts and circumstances and the materials on record, since the husband is already in custody, let petitioners, above named, be enlarged on bail 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, Nawada, in connection with Pakri Barawan P.S. Case No. 83/2017, subject to the condition that one of the bailors would be a close relative of the petitioners having sufficient immovable property, who will file an affidavit stating his relationship with the petitioners and that petitioners will appear before the learned court below during trial as and when required and failure to appear on two
Patna High Court Cr.Misc. No.41771 of 2017 (2) dt.20-09-2017 3/3 consecutive dates without assigning any reason will entail cancellation of their bail bonds.
(Nilu Agrawal, J) Rajesh/- U T