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Patna High CourtCR. MISC./40040/2022allowed

Naresh Prasad @ Naresh Kumar v. The State Of Bihar

2022-11-22Mr. Justice Anjani Kumar Sharan3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.40040 of 2022 Arising Out of PS. Case No.-46 Year-2022 Thana- BISHUNPUR District- Darbhanga ====================================================== 1.

NARESH PRASAD @ NARESH KUMAR Son of Late Kripali Mahto Resident of Village - Eksari, P.S.- Sheikhpura, District - Sheikhpura. At Present Village - Panchobh, P.S.- Bishanpur, District - Darbhanga. 2.

Sunaina Devi @ Sunaina Kumari Wife of Naresh Prasad @ Naresh Kumar Resident of Village - Eksari, P.S.- Sheikhpura, District - Sheikhpura. At Present Village - Panchobh, P.S.- Bishanpur, District - Darbhanga. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Bharat Lal, Adv.

For the Opposite Party/s :

Mr.Zainul Abedin, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 22-11-2022 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.

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

Petitioners apprehend their arrest in a case registered for offence punishable u/s 304(B)/34 IPC.

Allegedly, the petitioners tortured upon the informant's daughter for dowry. They also got married her husband with an another lady and deserted her. Finally, due to non-fulfillment of dowry, they murdered the informant's daughter. It is submitted by learned counsel for the petitioners that petitioners are in-laws of the deceased. The petitioners are quite

Patna High Court CR. MISC. No.40040 of 2022(2) dt.22-11-2022 2/3 innocent and has committed no offence. They has been falsely implicated in this case under pressure tactics. No such occurrence, in the manner as alleged, has ever taken place. It is further stated that allegation of demand of a motor cycle in dowry and torturing for the same is false and concocted. The husband of the deceased is already in custody since 04.05.2022. Petitioners have no criminal antecedent.

Learned APP for the State opposed the prayer for bail. Having regard to the facts and circumstances of the case, since the husband of the deceased in already in custody, let the above named petitioners, be released on bail, in the event of their 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) each 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 Bishanpur P.S. Case No.46 of 2022, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Anjani Kumar Sharan, J) divyanshi/- U T

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