Muneshwar Prasad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.7591 of 2022 Arising Out of PS. Case No.-199 Year-2021 Thana- BIHAR District- Nalanda ====================================================== Muneshwar Prasad son of Late Ragho Yadav Resident of Mohalla - Tikulipar, Bihar Sharif, P.S. - Bihar, District - Nalanda. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Anil Kumar No.1 For the Opposite Party/s :

Mr. Choubey Jawahar, APP For the Informant :

Mr. Raj Kishore Prasad, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 06-06-2022 Heard learned counsel appearing on behalf of the petitioner and learned counsel appearing on behalf of the State. The petitioner seeks bail in connection with Sessions Trial No. 528 of 2021 arising out of Bihar P.S. Case No. 199 of 2021 registered for the offence under Sections 364 and 34 of the Indian Penal Code, Section 3⁄4 of the Dowry Prohibition Act and subsequently, Sections 304(B), 201 and 34 of the Indian Penal Code is added.

The accused/petitioner is named in the F.I.R. and is in custody since 31.03.2021.

It is alleged that accused/petitioner with the help of his family members disappeared the daughter of the informant. Learned counsel appearing on behalf of the accused/petitioner submitted that the petitioner is the father-in-

Patna High Court CR. MISC. No.7591 of 2022(2) dt.06-06-2022 2/3 law of the deceased and living separately with his son, who is the husband of the deceased. While arguing over the matter, it is further submitted that the nature of allegation, as appearing from the bare perusal of the F.I.R., is very much omnibus and not specific. It is further submitted that chargesheet has already been submitted in this case as such there is no chance of tampering with the evidence. It is further submitted that two witnesses have been examined.

Learned counsel appearing on behalf of the informant fairly conceded that the chargesheet has already been submitted in this case as such there is no chance of tampering with the evidence.

Learned counsel appearing on behalf of the State also fairly conceded as the nature of allegation is very much omnibus in nature.

Considering the facts and circumstances as mentioned above and the nature of allegation against the accused/petitioner which is very much omnibus coupled with the fact that chargesheet has already been submitted in this case, let the petitioner, above named, is directed to be released on bail in connection with Sessions Trial No. 528 of 2021 arising out of Bihar P.S. Case No. 199 of 2021 on furnishing bail bond of

Patna High Court CR. MISC. No.7591 of 2022(2) dt.06-06-2022 3/3 Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned 1st Additional Sessions Judge, Bihar Sharif, Nalanda, subject to the following conditions:

"(i) That accused/petitioner shall not involve in the similar nature of offence till conclusion of trial, failing which the State shall be at liberty to move before the Trial Court itself for the cancellation of bail of the petitioner.

(ii) That one of the bailors shall be the close relative of the accused petitioner like mother/father/sister/brother."

(Chandra Shekhar Jha, J) Ankit/- U T