Kanhaiya Prasad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.25266 of 2021 Arising Out of PS. Case No.-243 Year-2020 Thana- MOHAMMADPUR District- Gopalganj ====================================================== 1.

KANHAIYA PRASAD SON OF LATE INDRADEO PRASAD 2.

SMT. ADALATI DEVI W/O KANHAIYA PRASAD BOTH R/O VILLAGE- HARPUR TENGRAHI, TOLA VRITIYA, P.S- MAHAMMADPUR, DIST- GOPALGANJ ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Surendra Kishore Thakur For the Opposite Party/s :

Mr.Arun Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 28-01-2022 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State video conferencing. The petitioners apprehend their arrest in connection with Mohammadpur P.S. Case No. 243/2020 registered for the offences punishable under Sections 341/323/325/302/504/34 of the Indian Penal Code.

It has come during investigation in paragraphs No. 13 and 15 of the case diary that these petitioners are the father and mother of the deceased and they have no role to play in the death of the deceased, in fact, they are involved in the earlier prosecution of confining the deceased in a room and, subsequently, the other co-accused persons came there after

Patna High Court CR. MISC. No.25266 of 2021(4) dt.28-01-2022 2/2 taking out the deceased from the room and they assaulted him in which he died. Moreover, both the petitioners are parents of the deceased and the petitioner No. 1 is 76 years old whereas petitioner No. 2 is 70 years of age.

Considering the facts and circumstances, the present anticipatory bail application is allowed.

Accordingly, let the petitioners above named be released on bail, in the event of their arrest or surrender before the court below within a period of ten weeks from today, on furnishing bail bonds of Rs.10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-I, Gopalganj, in connection with Mohammadpur P.S. Case No. 243/2020, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

(Sandeep Kumar, J) Saif/- U T