Nitesh Prasad @ Nitesh Kumar Prasad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.6859 of 2023 Arising Out of PS. Case No.-209 Year-2022 Thana- MANJHI District- Saran ====================================================== 1.

NITESH PRASAD @ NITESH KUMAR PRASAD Son of Azad Prasad Resident of Village - Oriyanpur, P.S.- Manjhi, Dist.- Saran at Chhapra. 2.

Vidyawati Devi Wife of Azad Prasad Resident of Village - Oriyanpur, P.S.- Manjhi, Dist.- Saran at Chhapra.

... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Chandra Mohan Jha For the Opposite Party/s :

Mr.Sanjay Kumar Tiwary ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 08-05-2023 Heard learned counsel for the petitioners and learned APP for the State.

Petitioners apprehend their arrest in connection with Manjhi P.S. Case No.209 of 2022, registered for the offences punishable under Sections 304(B)/34 of the Indian Penal Code. Accusation against the petitioner and other co-accused persons is of killing the daughter of the informant. Learned counsel for the petitioners submits that petitioners are innocent and have falsely been implicated in the present case. The petitioners have got no criminal antecedent as stated in paragraph-3 of the bail application. It is further submitted that petitioner no.1 is brother-in-law and petitioner no.2 is motherin-law of the deceased. It is submitted that husband of the deceased has not surrendered before the learned court below. It is

Patna High Court CR. MISC. No.6859 of 2023(2) dt.08-05-2023 2/2 also submitted that no specific overt act is alleged against the petitioners.

The learned APP for the State opposed the prayer for grant of anticipatory bail to the petitioners. Taking into consideration the facts that petitioners are in-laws of the deceased, let petitioners, above named, in the event of their arrest or surrender before the learned court below within a period of six weeks from today, be enlarged on bail on furnishing bail bonds of Rs.25,000/- (rupees twenty five thousand) each with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, 1st Class, Saran at Chhapra in connection with Manjhi P.S. Case No.209 of 2022, subject to the conditions laid down under Section 438(2) of the Code of Criminal Procedure. The learned court below is directed to accept the bail bonds of the petitioners after verifying the fact that husband of the deceased has already surrendered before the learned court below. Accordingly, this anticipatory bail application stands disposed of.

(Anjani Kumar Sharan, J) S.KUMAR/- U T