Nageshwar Prasad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.35041 of 2022 Arising Out of PS. Case No.-428 Year-2021 Thana- NAUBATPUR District- Patna ====================================================== NAGESHWAR PRASAD S/O LATE BHOLA RAI Resident of VillageChakjan, P.S.- Naubatpur, District- Patna. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Pramod Kumar Pandey, Adv.

For the Opposite Party/s :

Mr.Rajiv Nayan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 27-09-2022 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

Learned counsel for the petitioner is directed to remove the defects within four weeks.

Petitioner apprehends his arrest in a case registered for the offence punishable u/s 304(B), 302/34, 120B of the IPC. Allegedly, the petitioner in connivance with his family members are said to have killed the sister of informant. It is submitted by learned counsel for the petitioner that petitioner is quite innocent and has committed no offence. He has been falsely implicated in this case. No such occurrence, in the manner as alleged, has ever taken place. No demand of dowry was ever made nor any assault has been made upon the deceased. The allegation leveled against the petitioner is not

Patna High Court CR. MISC. No.35041 of 2022(2) dt.27-09-2022 2/2 specific rather general and omnibus in nature. Petitioner is the father-in-law of the deceased and of 80 years of age. Husband of the deceased is already in judicial custody. Petitioner has no criminal antecedent.

Learned APP for the State opposed the prayer for bail. Having regard to the facts and circumstances of the case, considering the old age of petitioner, let him, be released on bail, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/Successor Court in connection with Naubatpur P.S. Case No.428/2021, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Anjani Kumar Sharan, J) pallavi/- U T