Godhan Prasad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.527 of 2020 Arising Out of PS. Case No.-238 Year-2019 Thana- PARSA District- Saran ====================================================== 1.

Godhan Prasad Son of Bipat Prasad 2.

Kalawati Devi W/o Godhan Prasad 3.

Alok Ranjan Son of godhan Prasad 4.

Nirmala Devi W/o Santosh Prasad 5.

Santosh Prasad Son of Devat Narayan Mahto 6.

Sanjit Prasad Son of Devat Narayan Mahto All are residents of Village - Balaha, P.S.- Parsa, Distt.- Saran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Awadhesh Kumar Singh, Advocate For the Opposite Party/s :

Mr. Anita Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 18-02-2020 Heard learned counsel for the parties.

Petitioners apprehend their arrest in a case registered for the offence punishable under sections 307, 323, 341, 504, 506, 379, 452, 147, 324, 120(B), 354(B), 467, 471 and 498(A) of the Indian Penal Code and sections 3⁄4 of the D.P. Act. Prosecution case, in brief, is that the marriage of the informant was solemnized with son of petitioner no.1 in the year 2015 and after two years accused person started demand of dowry. It has further alleged that the petitioners also tried to press the neck of the informant, however, she managed to

Patna High Court CR. MISC. No.527 of 2020(2) dt.18-02-2020 2/3 escape from the there.

It has been submitted on behalf of the petitioners that petitioners have falsely been implicated in this case. It has further been submitted that petitioner no.1 is father-in-law, petitioner no.2 is mother-in-law, petitioner nos.3, 5 and 6 are brother-in-law of the informant and petitioner no.4 is married Nanad of the informant. It has further been submitted that the marriage of the son of petitioner no.1 was solemnized in the year 2015 and her husband had already been died in the year 2017. It has further been submitted that the present case has been lodged against the petitioner to pressurize the petitioner for partition of the property. It has further been submitted that no such occurrence has been taken place. The petitioners have no criminal antecedent.

Considering the aforesaid facts and circumstances as well as nature of accusation, in the event of their arrest/surrender within a period of six weeks from today, let the above named petitioners be enlarged on bail on furnishing bailbond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned ACJM IInd, Saran at Chapra in connection with Parsa P.S. Case No. 238 of 2019 on the following conditions:-

Patna High Court CR. MISC. No.527 of 2020(2) dt.18-02-2020 3/3

(1) Petitioners shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court and shall remain physically present as directed by the Court and their absence on two consecutive dates without sufficient reason, their bail bond shall be cancelled by the Court below.

(2) If the petitioners tamper with the evidence or the witnesses, in that case the prosecution will be at liberty to move for cancellation of bail.

(Prabhat Kumar Singh, J) S.Katyayan/- U T