Vijay Prasad v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.52829 of 2016 Arising Out of PS.Case No. -184 Year- 2016 Thana -BHAGWAN BAZAR District- SARAN ====================================================== Vijay Prasad Son of Late Dwarika Prasad Resident of Village - Bank Colony Ratanpura P.S. Bhagwan Bazar District - Saran. .... .... Petitioner
Versus
The State of Bihar.
.... .... Opposite Party ====================================================== Appearance :
For the Petitioner/ : Mr. Dr. Rajesh Kumar Singh, Advocate For the Opposite Party : Mr. Ahmad Ali, A.P.P. ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 20-12-2016 Heard learned counsel for the petitioner and the learned A.P.P. for the State.
Petitioner is languishing in judicial custody since 22.06.2016 in connection with Bhagwanbazar P.S. Case No. 184 of 2016 registered for the offence punishable under Sections 302/34 of the Indian Penal Code.
The prosecution case is that daughter of the informant, Moni Devi was married to the petitioner's son ten years back and he had illicit relationship with one Radha Devi wife of his brother Pintu Gupta for which his deceased wife objected and it has further been alleged that all the accused persons including the petitioner, who is father-in-law, has killed his daughter. It has been submitted by the learned counsel for the
Patna High Court Cr.Misc. No.52829 of 2016 (2) dt.20-12-2016 2/3 petitioner that he is innocent, bears no criminal history and is 70 years old man with separate home and hearth. It has further been submitted that the husband of the deceased is in custody and only general and omnibus allegation has been levelled and that chargesheet has already been submitted, hence, there is no chance of tampering with the prosecution evidence. He further submits that on similar allegation other co-accused persons including motherin-law of the deceased have since been granted the privilege of anticipatory bail by a Coordinate Bench of this Court in Cr.Misc.No.41012 of 2016 on 27.09.2016.
However, learned A.P.P. for the State submits that the petitioner is named in the First Information Report, hence, opposes the prayer for bail.
Be that as it may, since charge-sheet has already been submitted and the mother-in-law has since been granted the privilege of anticipatory bail by a Coordinate Bench of this Court, let the petitioner, above named, be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Saran at Chapra in connection with Bhagwanbazar P.S.Case No.184 of 2016, subject to the conditions that petitioner shall present himself before the police/Court as and
Patna High Court Cr.Misc. No.52829 of 2016 (2) dt.20-12-2016 3/3 when required and in the event of failure to appear on two consecutive dates, his bail bonds shall be liable to be cancelled. (Nilu Agrawal, J.) Arjun/- U T