Om Prakash v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.6276 of 2025 Arising Out of PS. Case No.-406 Year-2024 Thana- GAYA KOTWALI District- Gaya ====================================================== Om Prakash Son of Upendra prasad Resident of Maharani Road, Gaya, P.S. - Kotwali, District - Gaya ... ... Petitioner/s
Versus
1.
The State of Bihar 2.
Usha Devi Wife of Late Umesh Prasad Resident of Village - Ashthawan, P.S. - Ashthawan, District - Nalanda ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Jitendra Kumar, Advocate For the Opposite Party/s :
Mr. Kanhaiya Kishore (App.100) ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 13-02-2025 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner seeks bail in connection with Kotwali P.S. Case No. 406 of 2024, instituted for the offences punishable under Sections 80 and 3(5) of the Bharatiya Nyaya Sanhita, 2023.
3. The prosecution case, in short, is that, daughter of the informant was killed by the husband and other family members of the deceased.
4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. Charge-sheet has been submitted in this case.
Patna High Court CR. MISC. No.6276 of 2025(2) dt.13-02-2025 2/2 Learned counsel for the petitioner also submits that the petitioner is brother-in-law of the deceased and he is also separate in mess and business from the husband of the deceased. It is further submitted that husband of the deceased is in judicial custody. The petitioner is in custody since 05.08.2024 and has got no criminal antecedent.
5. Learned APP for the State has vehemently opposed the prayer for grant of bail to the petitioner.
6. Considering the aforesaid facts and circumstances of the case and taking into account the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner.
7. Let the petitioner be released on bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Kotwali P.S. Case No. 406 of 2024.
(Rudra Prakash Mishra, J) Rajorshi/- U T