Rajendra Prasad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.61292 of 2019 Arising Out of PS. Case No.-117 Year-2019 Thana- MADHUBAN District- East Champaran ====================================================== 1.

RAJENDRA PRASAD Son of Rameshwar Prasad Resident of VillageDomaghat, P.S-Madhuban, District-East Champaran. 2.

Rammawati Devi @ Ramawati Devi Wife of Dinesh Prasad Resident of Village-Domaghat, P.S-Madhuban, District-East Champaran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Dhannjay Kumar No 2 For the Opposite Party/s :

Mr.Asha Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 08-01-2020 This application, for grant of anticipatory bail, arises out of Madhuban P.S. Case No. 117 of 2019, disclosing offences under Sections 304(B) and 34 of the Indian Penal Code. Petitioners happen to be father in law and second wife of husband of the deceased and allegation against them and others is of causing death of the deceased in connection of demand of dowry and carrying the dead body in a tractor for disposing the same in order to screen the evidence.

Submission of learned counsel for the petitioners is that the real fact is that the deceased had committed suicide by taking poison and after information to the informant and others, dead body of the deceased was taken for cremation. Further submission is that no specific allegation has been attributed against either of

Patna High Court CR. MISC. No.61292 of 2019(3) dt.08-01-2020 2/2 the petitioners.

Heard learned A.P.P. also.

Having heard both sides, considering the facts and circumstances of the case so far petitioner no. 1 is concerned I am not inclined to grant him privilege of anticipatory bail rather he has to surrender and pray for regular bail, which will be considered by the court on the merit of the case, without being prejudiced by this order.

So far petitioner no. 2 is concerned, being lady, in the event of her arrest or surrender before the court below within six weeks, be released on bail on furnishing bail bond of Rs. 25,000/- (Rupees Twenty five Thousand) each with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate -IV, Motihari, East Champaran, in connection with Madhuban P.S. Case No. 117 of 2019, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.

This application is accordingly disposed of.

(Vinod Kumar Sinha, J) sunilkumar/- U T