Patna High CourtCR. MISC./12567/2024bail granted

Pradeep Mistri v. The State Of Bihar

2024-03-01Mr. Justice R. P. Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.12567 of 2024 Arising Out of PS. Case No.-291 Year-2023 Thana- DEEPNAGAR District- Nalanda ====================================================== Pradeep Mistri Son Of Late Jethan Mistri @ Jehal Mistri R/O Village- Deep Nagar, P.S.- Deep Nagar, District- Nalanda ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Anil Kumar No. I, Advocate For the Opposite Party/s :

Mr.Md. Ataur Rahman, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 01-03-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in Deep Nagar P.S. case No. 291 of 2023 instituted for the offences under Sections 304B/34 of the Indian Penal Code and Sections 3 and 4 of Dowry Prohibition Act.

3. Prosecution allegation, in short, is that the accused persons committed torture and assault and thereafter committed murder of the victim due to non-fulfilment of demand of dowry.

4. Learned counsel for the petitioner submits that the petitioner has falsely been implicated in the present case. Charge-sheet has been submitted in this case. There is no eye witness to the alleged occurrence. The petitioner is father-in-law

Patna High Court CR. MISC. No.12567 of 2024(2) dt.01-03-2024 2/2 of the deceased. He is separate in mess and property from the husband of the deceased. The petitioner is in custody since 16.10.2023 and has no criminal antecedent. Learned counsel for the petitioner further submits that the husband of the deceased in custody.

5. Learned A.P.P. 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 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/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Deep Nagar P.S. case No. 291 of 2023.

(Rudra Prakash Mishra, J) Pankaj/- U T