Lalu Prasad Yadav @ Lalu Prasad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.65432 of 2019 Arising Out of PS. Case No.-562 Year-2018 Thana- BAKHTIYARPUR District- Patna ====================================================== 1.

Lalu Prasad Yadav @ Lalu Prasad Son of Amir Ray Resident of Village - Ghoswari, P.S.- Bakhtiyarpur, Distt - Patna.

2.

Shanti Devi Wife of Lalu Prasad Yadav @ Lalu Prasad Resident of Village - Ghoswari, P.S.- Bakhtiyarpur, Distt - Patna.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ashok Kumar Kashyap For the Opposite Party/s :

Mr.Ramchandra Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 16-03-2020 Heard the learned counsel for the petitioners and the learned APP for the State.

The petitioners apprehend their arrest in connection with Bakhtiyarpur P.S. Case No. 562 of 2018 for the offence punishable under Sections 304(B)/34 of the Indian Penal Code. The allegation is regarding the accused persons having killed the deceased victim lady on account of nonfulfillment of demand for dowry. The learned counsel for the petitioners has submitted that a general allegation has been levelled against all the accused persons in the FIR of making demand for dowry. It is further submitted that the petitioners are father-in-law and mother-in-law of the deceased victim lady and have got no

Patna High Court CR. MISC. No.65432 of 2019(5) dt.16-03-2020 2/3 complicity in the matter. The learned counsel for the petitioners has also referred to two orders passed by the learned co-ordinate Benches of this Court dated 13.09.2019 and 26.09.2019 passed in Cr. Misc. No. 57805 of 2019 and Cr. Misc. No. 48681 of 2019, whereby and whereunder similarly situated co-accused persons have already been granted the privilege of anticipatory bail. Lastly, it is submitted that the husband of the deceased victim lady has already surrendered before the learned court below and is in custody, hence no prejudice would be caused in case the petitioners are admitted to the privilege of anticipatory bail.

Having regard to the facts and circumstances of the case, considering the submissions made by the learned counsel for the petitioners and taking into account the fact that the husband of the deceased victim lady has already surrendered before the court below and is in custody, I deem it fit and proper to admit the petitioner to the privilege of anticipatory bail. Accordingly, in the event of arrest or surrender in the court below within a period of four weeks from today, the petitioners, above named, are directed to be released on anticipatory bail on furnishing bail- bonds of Rs. 10,000/- each with two sureties of the like amount each to the satisfaction of

Patna High Court CR. MISC. No.65432 of 2019(5) dt.16-03-2020 3/3 learned A.C.J.M.- 1st, Barh, Patna in connection with Bakhtiyarpur P.S. Case No. 562 of 2018, subject to the conditions laid down under Section 438(2) of the Code of Criminal Procedure.

(Mohit Kumar Shah, J) Tiwary/- U T