Patna High CourtCR. MISC./42717/2024bail granted

Vishnu Prasad v. The State Of Bihar

2024-10-24Mr. Justice R. P. Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.42717 of 2024 Arising Out of PS. Case No.-44 Year-2024 Thana- ARA NAGAR District- Bhojpur ====================================================== Vishnu Prasad Son of Bharat Prasad R/O Village Chhotaki Singahi, P.S.- Ara Town, District- Bhojpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Bhaskar Shankar, Advocate For the Opposite Party/s :

Mr. Mohammed Arif, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 24-10-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in Ara Town P.S. Case No. 44 of 2024, instituted for the offences punishable under Sections 302, 34 and 498-A of the Indian Penal Code.

3. The prosecution case, in short, is that, the petitioner along with other co-accused persons abused and assaulted the daughter of the informant and killed her. The petitioner then informed the informant over phone that his daughter has committed suicide by hanging herself.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. Charge-sheet has been submitted in this case.

Patna High Court CR. MISC. No.42717 of 2024(3) dt.24-10-2024 2/2 Learned counsel for the petitioner also submits that the petitioner is husband of the deceased and no specific allegation of any overt act has been attributed against the petitioner. It is further submitted that the deceased quarreled with the petitioner and committed suicide thereafter. It is admitted in the FIR that the petitioner himself informed the informant over phone about the alleged occurrence. The petitioner is in custody since 20.01.2024 and has got no criminal antecedent.

5. Learned APP for the State has vehemently opposed the prayer for grant of bail to the petitioner.

6. Considering the aforesaid facts and circumstances of the case and taking into account the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner.

7. Let the petitioner be released on bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Ara Town P.S. Case No. 44 of 2024.

(Rudra Prakash Mishra, J) Rajorshi/- U T