Uma Shankar Prasad @ Uma Shankar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.1763 of 2020 Arising Out of PS. Case No.-218 Year-2019 Thana- DIDARGANJ District- Patna ====================================================== 1.

Uma Shankar Prasad @ Uma Shankar Singh Son of Shri Raghubir Singh Resident of Village - Mahmmadpur, P.S.- Didarganj, Patna City, District - Patna.

2.

Gita Devi @ Tetri Devi Wife of Uma Shankar Prasad @ Uma Shankar Singh Resident of Village - Mahmmadpur, P.S.- Didarganj, Patna City, District - Patna.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sada Nand Roy For the Opposite Party/s :

Mr.Narendra Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 28-02-2020 Heard learned counsels for the petitioners, informant and the State.

The petitioners, being the parents of the husband of the victim are apprehending arrest in a case registered for the offences punishable under Sections 304B/34 of the IPC. The prosecution case, as per the written report of Jugal Gop, dated 15.07.2019 submitted to the Station House Officer, Didarganj Police Station, is to the effect that informant's daughter, Soni Kumar was married with the son of the petitioners, Shanish Kumar in the year 2014, but subsequent to the marriage, further dowry demand of Rs. 2 lacs was made and due to non-fulfillment of the same, the victim was being

Patna High Court CR. MISC. No.1763 of 2020(2) dt.28-02-2020 2/3 tortured by all the accused persons including the petitioners. It is further alleged that on 15.07.2019, the informant came to know through mobile phone of his son that the daughter of the informant has been killed by all the accused persons including the petitioners.

It is submitted by learned counsel for the petitioners that the petitioners are the parents of the husband of the informant, who claim to live separately from the husband of the victim. The accusation against the petitioners is omnibus and general and the thrust of accusation is against the husband of the victim, who is in custody. A statement has been made in paragraph no.3 of the petition that the petitioners are not having any criminal antecedent.

Learned APP submits that the petitioners are named in the FIR with specific accusation.

Considering the fact that the thrust of accusation is against the husband of the victim, who is in custody, coupled with the fact that the petitioners are not having any criminal antecedent, let the above named petitioners be released on anticipatory bail in the event of arrest/surrender before the learned Court below within a period of twelve weeks from today, on furnishing bail bonds of Rs. 10,000/- (ten thousand)

Patna High Court CR. MISC. No.1763 of 2020(2) dt.28-02-2020 3/3 each with two sureties of like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-V, Patna City in connection with Didarganj P.S. Case No. 218 of 2019, subject to the condition as laid down under Section 438(2) of the Cr. P.C. (Dinesh Kumar Singh, J) Amrendra/- U T