Nand Lal Prasad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.1686 of 2022 Arising Out of PS. Case No.-524 Year-2020 Thana- HARSIDHI District- East Champaran ====================================================== NAND LAL PRASAD Son of Bhikhan Bhagat Rsident of Village- Dudahi Ward No. 14, P.S. Harsidhi, District - East Champaran. ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

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

Mr. Jai Narain Thakur, A.P.P ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 17-11-2022 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 302, 201, 34 of the Indian Penal Code.

Learned counsel for the petitioner submits that the petitioner is a person with clean antecedent and the informant who is a Chowkidar alleges that he received information that steps are being taken for cremating two dead bodies, accordingly he reached the place of occurrence where one dead body was recovered and the other dead body was cremated. Learned counsel for the petitioner submits that the petitioner has been falsely implicated in the present case, it is next submitted that Pooja Devi was daughter of petitioner and

Patna High Court CR. MISC. No.1686 of 2022(3) dt.17-11-2022 2/3 Reena Devi was sister-in-law of the petitioner and they both were married but were issueless, it is next submitted that his daughter Pooja Devi was being tortured by her in-laws for the reason that she could not bear child and when Pooja Devi came back to her parental home, she confided in Reena Devi, it is further submitted that since both were issueless as such they consumed poison. Learned counsel next submits that petitioner is father of Pooja Devi and thus there was absolutely no occasion or motive for him to kill his own daughter rather he was aggrieved by the death of her daughter who was issueless and was being tortured by members of her matrimonial home.

It is next submitted even during the course of investigation, it has come that both Reena and Pooja were issueless, thus, were depressed and consumed poison to end their lives. Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner but very fairly submits after perusing the case diary that it has come during the course of investigation that both Pooja and Reena were married and were issueless and, thus, used to remain depressed and hence consumed poison.

Considering the submissions made by the learned counsel for the petitioner, the petitioner above-named, in the

Patna High Court CR. MISC. No.1686 of 2022(3) dt.17-11-2022 3/3 event of his arrest or surrender before the learned trial court within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned trial court where the case is pending/successor court in connection with Harsidhi P.S. Case No. 524 of 2020 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

(Satyavrat Verma, J) Rishabh/- U T