Shailendra Prasad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.36590 of 2022 Arising Out of PS. Case No.-295 Year-2021 Thana- DHANARUA District- Patna ====================================================== Shailendra Prasad, Son of Lakhan Prasad @ Gurudayal Gop @ Gurudayal Yadav, Resident of Village - Goraiya Khari, P.S.- Dhanarua, District - Patna. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Nawal Kishore Prasad, Advocate For the Opposite Party/s :

Mr. Nirmal Kumar Sinha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 19-09-2022 Heard learned counsel for the petitioner and the learned APP for the State.

Let the defect(s) be removed within four weeks of the complete start of the physical Court in normal course. The petitioner is in judicial custody in connection with Dhanarua P.S. Case No.295 of 2021 instituted under Sections 304(B), 201, 34 of the IPC.

As per the prosecution story, the informant has alleged that the petitioner side had suspicion that the informant's daughter has illicit relationship with one of the petitioner's family member and for which barely she had left her 'Maika' and were her inlaws house that they have killed her and they took the body on a boat in the midstream and then threw it in the river 'Ganga'.

Patna High Court CR. MISC. No.36590 of 2022(2) dt.19-09-2022 2/3 Learned counsel for the petitioner submits that he has no role to play in the matter inasmuch as he is brotherin-law (Nandoshi) of the husband, Subodh Kumar, has already suffered by being in custody since 27.09.2021 and has no criminal antecedent. His last submission is that the husband Subodh Kumar is in custody.

Considering the fact that the petitioner is 'Nandoshi', the husband is in custody since 27.09.2021, he has no criminal antecedent, this Court is inclined to grant him privilege of bail.

Let the petitioner be released on bail on furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) with two sureties of the like amount each in connection with Dhanarua P.S. Case No.295 of 2021 to the satisfaction of learned Additional Sessions Judge, Masaurhi, Patna, subject to following conditions:

(i) one of the bailor should be the family member of the petitioner, who shall provide official document to show his/her bona fide;

(ii) the petitioner shall appear on each and every date before the Trial court and failure to do so for two consecutive dates without plausible reason will entail

Patna High Court CR. MISC. No.36590 of 2022(2) dt.19-09-2022 3/3 cancellation of his bail by the Trial court itself; (iii) the petitioner shall in no way try to induce or promise or threat the witnesses or tamper with the evidences, failing which the State shall be at liberty to take steps for cancellation of his bail bonds.

With the aforesaid observations, the bail application is allowed.

(Rajiv Roy, J) Prakash Narayan /- U T