Ram Chandra Prasad @ Ram Chandra Pd. Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.83834 of 2019 Arising Out of PS. Case No.-159 Year-2019 Thana- GOPALPUR District- Patna ====================================================== 1.
Ram Chandra Prasad @ Ram Chandra Pd. Yadav (Male), aged about 60 years, Son of Late Baldeo Das 2.
Barafi Devi (Female), aged about 58 years, Wife of Ram Chandra Prasad, both resident of - Gajin Bihga, P.S.- Parbalpur, Distt - Nalanda. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Tilak Sao, Advocate For the Opposite Party/s :
Mr.Ram Sevak Choudhary ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 14-02-2020 Heard learned counsel for the petitioners and the learned A.P.P. for the State.
Learned counsel for the petitioners submits that petitioner no.1 Ram Chandra Prasad has died during the pendency of the application. Accordingly, learned counsel for the petitioners does not press this application against petitioner no.1. Accordingly, this application is dismissed having become infructuous against petitioner no.1.
The petitioners apprehend their arrest in connection with Gopalpur P.S. Case No. 159 of 2019 registered for the offences punishable under Sections 304(B), 328, 498(A), 201 of the Indian Penal Code and Sections 3⁄4 of Dowry Prohibition
Patna High Court CR. MISC. No.83834 of 2019(3) dt.14-02-2020 2/3 Act.
Prosecution case, in brief, is that the informant has alleged that his daughter namely Soni Kumari got married with co-accused Ajay Kumar on 30.05.2014 according to the Hindu rites and customs. According to the prosecution case, the role of accused-petitioners along with co-accused has been assigned for demanding Rs.10 lacs cash as dowry abusing, harassment, causing hurt and cruelty to the daughter of the informant. It is further alleged that the accused persons killed the daughter of the informant by administering poison and cremated her dead body also at Triveny Ghat due to non-fulfillment of demand of dowry.
Regarding petitioner no.2, she is mother-in-law. Learned counsel for the petitioner submits that there is no specific allegation against this petitioner and she lived separately in Patna. Learned counsel for the petitioners further submits that the deceased suffering from tubroclosis, heart decease and had been under treatment since 2017 and at the eleventh hour, the victim lady was living at her parent's house from where she had been carried to P.M.C.H.. Patna for treatment, where she has died on 26.03.2019.
In the facts and circumstances of the case, let the
Patna High Court CR. MISC. No.83834 of 2019(3) dt.14-02-2020 3/3 above named petitioner be released on bail, in the event of arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 20,000/- (twenty thousand) with two sureties of the like amount each to the satisfaction of Sub-Judge-IX-Cum-A.C.J.M., Patna in connection with Gopalpur P.S. Case No. 159 of 2019, subject to the condition as laid down under Section 438(2) of the Cr.P.C. (Anjani Kumar Sharan, J) Nasimul/- U T