Sunil Prasad And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.56686 of 2018 Arising Out of PS.Case No. -589 Year- 2017 Thana -SIWAN MUFFASIL District- SIWAN ======================================================
1. Sunil Prasad
2. Anil Prasad, Both sons of Ram Bachhan Prasad
3. Ram Bachan Prasad, S/o Late Saryug Prasad
4. Usha Devi, W/o Awadhesh Prasad
5. Mina Devi, W/o Anil Prasad
6. Ramawati Devi, W/o Ram Bachal Prasad, All R/o Vill. - Mahuwari Dhanuk Toli, P.S. - Siwan Muffasil, District - Siwan. .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Raghav Prasad For the Opposite Party/s : Smt. Anita Kumari Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 26-10-2018 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.
The petitioners are apprehending their arrest in a case registered for the offences punishable under Sections 302 and 201/34 of the Indian Penal Code.
Submission is that wife of petitioner no. 1 Sunil Prasad died of illness which would be evident from the prescriptions of her long treatment from the year 2012 till her death. Further submission is that just to pressurize, false FIR has been lodged with allegation that the victim was done to death as
Patna High Court Cr.Misc. No.56686 of 2018 (3) dt.26-10-2018 2/2 she was not giving birth to any child even after ten years of her marriage. However, submission is that there is no eyewitness of the occurrence.
Finding substance in the submission aforesaid, let the petitioners, above named, in the event of their arrest or surrender before the Court below within a period of thirty days from the date of receipt of the order, be released on bail on furnishing bail bonds of Rs.20,000/- (rupees twenty thousand) each with two sureties of the like amount each to the satisfaction of the learned Court below where the case is pending in connection with Siwan Muffasil Police Station Case No. 589 of 2017, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure as well as condition that the petitioners shall fully cooperate with the investigation and trial of the case, failing which the court below shall be at liberty to cancel the bail bond of the petitioners. (Birendra Kumar, J) Kundan/Rajan U T