Amit Prasad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.78056 of 2019 Arising Out of PS. Case No.-154 Year-2015 Thana- MOHAMMADPUR District- Gopalganj ====================================================== AMIT PRASAD S/o Mantu Prasad R/o village- Pakri, P.S.- Mohammadpur, District- Gopalganj ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Jai Shanker Prasad For the Opposite Party/s :

Mr.Nitya Nand Tiwary ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 19-03-2020 Heard both sides.

The petitioner seeks bail in Mohammadpur P.S. case No. 154/2015 registered under Section 304B, 498A, 120B/34 of the Indian Penal Code.

The informant filed complaint case on the basis of which the present FIR was lodged. The informant alleged that petitioner and his family members killed his daughter due to non- fulfillment of demand of dowry.

The learned counsel for the petitioner submits that the daughter of informant died on 27.06.2015. The informant participated in the cremation of his daughter but the informant firstly filed complaint case on 25.07.2015 which is after one month of death of his daughter making false and frivolous allegation of demand of dowry and torture. The marriage was

Patna High Court CR. MISC. No.78056 of 2019(3) dt.19-03-2020 2/2 solemnized 10 years ago and the deceased was under treatment of different doctors and she died of illness. It is further submitted that during the course of investigation the witnesses, including the doctor, have stated that the deceased was under treatment of different ailments and she died of illness. The petitioner is in custody since 22.08.2019.

The learned APP did not dispute the facts.

Considering the facts aforesaid and the nature of allegation made against the petitioner, the petitioner, above named is directed to be enlarged on bail on his furnishing bail bond of Rs. 10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate I, Gopalganj in connection with Mohammadpur P.S. case No. 154/2015 (Prabhat Kumar Jha, J) BKS/- U T