Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.27402 of 2012 ====================================================== Ajay Prasad @ Ajay Kumar .... .... Petitioner/s Versus The State Of Bihar .... .... Opposite Party/s ====================================================== With Criminal Miscellaneous No.27601 of 2012 ====================================================== Shanti Devi .... .... Petitioner/s Versus The State Of Bihar .... .... Opposite Party/s ====================================================== With Criminal Miscellaneous No.27599 of 2012 ====================================================== 1. Kanhaiya Prasad 2. Munni Jaiswal @ Munni Devi .... .... Petitioner/s Versus The State Of Bihar .... .... Opposite Party/s ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 04/ 08-11-2012 Heard learned counsels for the petitioners, the State and the informant. The petitioners being the brothers, brother’s wife and mother of the husband of the victim are apprehending their arrest in a case registered for the offences punishable under [STATUTE] . The accusation is of killing the daughter and Patna High Court Cr.Misc. No.27402 of 2012 (4) dt.08-11-2012 2/3 grand daughter of the informant after three years of the marriage when the half burnt dead body was recovered subsequently. It is submitted by learned counsel for the petitioners that the dead body was not identified and on suspicion the post-mortem has been conducted when it is submitted that the petitioner Ajay Prasad was employed in Nepal and was not present on the place of occurrence on the alleged date of occurrence and this claim of the petitioner was also recorded by the I.O. in para 70 of the case diary. It is submitted by learned counsel for the informant that the agnates of the petitioners have supported the accusation of torture when the belongings of the victim were found in the house of the accused persons. It is further submitted by learned counsel for the petitioners that the victim’s daughter has subsequently been located. Considering the alibi of petitioner Ajay Prasad @ Ajay Kumar, let the above named petitioner Ajay Prasad @ Ajay Kumar be released on anticipatory Patna High Court Cr.Misc. No.27402 of 2012 (4) dt.08-11-2012 3/3 bail in the event of his arrest or surrender before the learned court below within a period of twelve weeks from today, on furnishing bail bond of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned CJM, Motihari, East Champaran in connection with Ghorasahan P.S. Case No. 222 of 2011, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. Let the learned court below consider the regular bail of the other petitioners keeping in view the fact that there is no eye witness to the occurrence and the thrust of accusation is against the husband of the victim. DKS/ (Dinesh Kumar Singh, J.)

Applicable IPC Section: 302

Statute Text:
Section 302 of the Indian Penal Code. Murder. Whoever commits murder shall be punished with death, or imprisonment for life, and shall also be liable to fine.