IN THE HIGH COURT OF JUDICATURE AT PATNA
Cr.Misc. No.21757 of 2010
1. BINAY PRASAD @ KUMAR
2. SUSHILA DEVI @ LALITA DEVI
3. ARJUN MAHTO @ ARJUN PD.
---------------------- PETITIONERS
Versus
THE STATE OF BIHAR
with
Cr.Misc. No.29768 of 2010
DILIP KUMAR PRASAD @ DILIP PRASAD
--------------------- PETITIONER
Versus
STATE OF BIHAR
-----------
3 9.9.2010 Learned counsel for the petitioners
seeks permission to withdraw this application,
as during the pendency of this application,
petitioner nos. 1 and 3 of Cr.Misc.No. 21757 of
2010 have been arrested by the police.
Accordingly, this application is
permitted to be withdrawn as having become
infructuous as against petitioner nos. 1 and 3.
For rest of the petitioners, heard
learned counsel for the parties.
There is specific allegation about
torture for non-fulfilment of demand of dowry
soon before the death within seven years of
marriage in matrimonial house and disposal of
the dead body. Defence is death due to some
ailment. Prescription is also filed. Some
witnesses are also stating about suffering of
2
the deceased from some ailment but without
referring the doctor who could be approached.
Further really she was suffering, her parents
should be informed, they should remain present
while medical aid was being provided, certainly
demand by petitioner Dilip Kumar Prasad @ Dilip
Pd. who is brother-in-law of the deceased
(Cr.Misc.No. 29768 of 2010) or torture on his
behalf is not alleged even in the F.I.R.
Thus, having regard to the facts and
circumstances of the case, in the event of
arrest or surrender within one month from the
date of communication of this order, the above
named petitioner namely Dilip Kumar Prasad @
Dilip Pd. of Cr.Misc.No. 29768 of 2010 shall be
released on bail on furnishing bail bond of Rs.
10,000/-(ten thousand) with two sureties of the
like amount each to the satisfaction of Chief
Judicial Magistrate, Gaya in Bodh Gaya P.S. Case
No. 67/10, subject to the condition as laid down
under section 438(2) Cr.P.C.
So far petitioner no.2 of Cr.Misc.No.
21757 of 2010 is concerned, her prayer for
anticipatory bail is rejected.
AI ( Mandhata Singh, J.)