Rohit Prajapat @ Rohit Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.11453 of 2025 Arising Out of PS. Case No.-33 Year-2024 Thana- ALIPUR District- Gaya ====================================================== Rohit Prajapat @ Rohit Kumar Son of Mithlesh Prajapat Resident of VillageDihura, P.S.- Alipur, Distt.- Gaya ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Shailendra Kumar Jha, Adv For the Opposite Party/s :
Mr. Syed Mojibur Rahman, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 20-08-2025 Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State.
2. This application, for grant of anticipatory bail, arises out of Alipur P.S. Case No. 33 of 2024 for the offences punishable under Sections 302 and 34 of the I.P.C.
3. As per the prosecution case, the marriage of the informant's daughter, namely, Anchal Kumari was solemnized with the co-accused Pradip Prajapt on 19.05.2015. It is further alleged that Anchal Kumari lived happily at her matrimonial home and after two years, all the accused persons started torturing her mentally and physically. On 04.03.2024, the son of the informant, namely, Shanti Lal Kumar got information that her sister died and, thereafter, suspicion was raised by the informant that all the accused persons including the petitioner
Patna High Court CR. MISC. No.11453 of 2025(4) dt.20-08-2025 2/3 have strangulated her to death under conspiracy.
4. Learned counsel for the petitioner submits that the petitioner happens to be the brother-in-law of the deceased and has falsely been implicated in the case. It is further submitted that the petitioner has been living separately and he has no concern with the said incident. It is next submitted that the coaccused Mithilesh Prajapat (father-in-law of the deceased) and Asha Devi (mother-in-law of the deceased) have already been granted regular bail by a co-ordinate Bench of this Court vide order dated 26.10.2024 passed in Cr. Misc. No. 56544 of 2024.
5. Learned A.P.P. for the State has vehemently opposed the prayer for anticipatory bail of the petitioner and has stated that from perusal of the FSL report, it appears that no Metallic, Alkaloidal, Glycosidal, Pesticidal and volatile poison could be detected in the contents of glass jar.
6. Regards being had to the submissions advanced on behalf of the parties and also considering the nature of allegation levelled against the petitioner and the fact that the father-in-law and the mother-in-law of the deceased has already been granted regular bail, I am inclined to grant the petitioner the privilege of anticipatory bail.
7. This application is, accordingly, allowed.
Patna High Court CR. MISC. No.11453 of 2025(4) dt.20-08-2025 3/3
8. Let the petitioner, above named, in the event of his arrest or surrender before the Court below within a period of four weeks from today, 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 learned Additional Chief Judicial Magistrate-VIth, Gaya in connection with Alipur P.S. Case No. 33 of 2024, subject to the condition laid down under Section 482 (2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.
(Anil Kumar Sinha, J) Jyoti/- U T