Janeshwar Prasad Verma @ Janeshwar Prasad v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.13496 of 2025 Arising Out of PS. Case No.-264 Year-2024 Thana- MAKHDUMPUR District- Jehanabad ====================================================== 1.
Janeshwar Prasad Verma @ Janeshwar Prasad Son of Late Shyam Narayan Mahto 2.
Rita Devi Wife of Janeshwar Prasad Verma @ Janeshwar Prasad. Both Residents of village- Saidpur, Po and Ps- Tehta, Dist- Jehanabad ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Arvind Kumar, Advocate For the Opposite Party/s :
Mr.Anil Kumar Singh No. 1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 28-03-2025 Heard Mr.Arvind Kumar, learned counsel for the petitioners and Mr.Anil Kumar Singh No. 1, learned Additional Public Prosecutor for the State.
2. The petitioners are apprehending their arrest in connection with Makhdumpur P.S.Case No.264 of 2024, FIR dated 02.06.2024 registered for the offences punishable under Sections 304(B) of the Indian Penal Code read with Section 120(B) & 34 of IPC 3/4 of the D.P.Act.
3. Allegation against the petitioners is that they alongwith other co-accused persons have in furtherance of their common intention committed the dowry death of the daughter of the informant.
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4. Learned counsel for the petitioners submits that petitioners have clean antecedent and they have falsely been implicated in the present case. Petitioner No.1 is father -inlaw and petitioner No.2 is mother-in-law of the deceased. Although there is specific allegation against the petitioners that they demanded the dowry and killed the daughter of the informant but in fact the deceased has committed suicide herself and it has come during investigation that the police reached at the place of occurrence and after breaking the door of the room which was locked from inside and the police recovered the dead body of the deceased.
5. Learned A.P.P. for the State, on the other hand, has vehemently opposed the prayer for anticipatory bail of the petitioners.
6. Considering the aforesaid facts, petitioners have clean antecedent and it has come during investigation that the police had recovered the dead body of the deceased from the room which was broken in presence of the police, let the petitioners, above named, in the event of their arrest or surrender before the court below within a period of thirty days from the date of receipt of the order, be released on
3/4 bail on furnishing bail bond of Rs.10,000 (Ten Thousand)each with two sureties of the like amount each to the satisfaction of learned A.C.J.M.-I, Jehanabad in connection with Makhdumpur P.S.Case No.264 of 2024, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure/Section 482(2) of BNSS, 2023 and with other following conditions:- (I) Petitioners shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court and shall remain physically present as directed by the Court and on their absence on two consecutive dates without sufficient reason, their bail bonds shall be cancelled by the Court below.
(II) If the petitioners tamper with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.
(III) And, further condition that the court below shall verify the criminal antecedent of the petitioners and in case at any stage, it is found that the petitioners have concealed their criminal antecedents, the court below shall take step for cancellation of bail bond of the petitioners.
4/4 However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.
(Rajesh Kumar Verma, J) Nitesh/- U T