Rajendra Prasad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.12944 of 2024 Arising Out of PS. Case No.-285 Year-2022 Thana- BIHAR District- Nalanda ====================================================== 1.

Rajendra Prasad son of Late Amrit Mahto Village- Meghi, Ps- Deepnagar, Dist- Nalanda 2.

Sushma Devi wife of Rajendra Prasad Village- Meghi Ps- Deepnagar DistNalanda 3.

Priya @ Priya Kumari @ Priti Kumari Daughter of Rajendra Prasad VillageMeghi Ps- Deepnagar Dist- Nalanda ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. N.K. Agrawal, Sr. Adv Mr.Sudhir Kumar, Adv For the Opposite Party/s :

Ms.Pushpa Sinha.1 Mr. Sudhir Kumar Raj, Adv ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 13-03-2024 1.

Heard learned senior counsel for the petitioners, Mr. N.K. Agrawal, and learned A.P.P. for the State along with learned counsel for the OP No. 2.

2.

The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 304B, 341, 323 and 34 of the Indian Penal Code and Sections 3 and 4 of Dowry Prohibition Act.

3.

The learned senior counsel for the petitioners submits that petitioners are persons with clean antecedent and have been falsely implicated in the instant case, being father-inlaw, mother-in-law and sister-in-law of the deceased, by the

Patna High Court CR. MISC. No.12944 of 2024(2) dt.13-03-2024 2/3 informant, who is brother of the deceased. It is next submitted that the informant alleges that his sister was married to Nitish in the year 2016, and after marriage, she was staying in a rented house with her husband at Naisarai town. Further, the accused persons, including the petitioners, after marriage started demanding motorcycle and Rs. 5 lakhs and on account of nonfulfillment of the demand, the victim was tortured. Further, on 22-4-2022 at 2:00 am in the night, the informant received an information from the neighbour of his sister that she had been killed. Accordingly, he reached the place of occurrence where police was present from before and the dead body was sent to Sadar hospital, Biharsariff for post-mortem.

4.

The learned counsel submits that from bare perusal of the allegation has alleged in the FIR, it would manifest that the allegations are general, omnibus and ornamental in nature. It is further submitted that the deceased was staying with her husband separately in a rented premises. It is also submitted that police after investigation submitted final form exonerating the petitioners of the allegation as alleged in the FIR. It is thus submitted that when police after threadbare investigation came to a considered conclusion that petitioners are innocent, whether it would be prudent for this court to send the petitioners to

Patna High Court CR. MISC. No.12944 of 2024(2) dt.13-03-2024 3/3 judicial custody.

5.

The learned APP along with learned counsel appearing on behalf of the OP No.2 opposes the anticipatory bail application but then are not in a position to rebut the submission of the learned senior counsel that police after investigation has submitted final form in favour of the petitioners.

6.

Considering the submissions made by the learned senior counsel for the petitioners, the petitioners above-named, in the event of their 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. 5,000/- (Rupees Five Thousand) each 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 Bihar P.S. Case No. 285 of 2022, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

(Satyavrat Verma, J) SUMIT/- U T