Yugal Kishor @ Yugal Kishor Prasad v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.45095 of 2025 Arising Out of PS. Case No.-613 Year-2024 Thana- CHAPRA TOWN District- Saran ====================================================== 1.
Yugal Kishor @ Yugal Kishor Prasad S/o Late Dharam Nath Prasad R/o Mohalla- Huse Chapra, P.S.- Chapra Town, Distt.- Saran at Chapra 2.
Prabhawati Devi W/o Yugal Kishor R/o Mohalla- Huse Chapra, P.S.- Chapra Town, Distt.- Saran at Chapra ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Vijay Kumar For the Opposite Party/s :
Ms. Pushpa Sinha.1 ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 11-09-2025
1. Heard learned counsel for the petitioners and learned A.P.P. for the State.
2. The petitioners apprehend their arrest in a case registered for the offence punishable under Section 80 (2) of the B.N.S.S.
3. Learned counsel for the petitioners submits that petitioners are persons with clean antecedent and have been falsely implicated in the instant case by the informant being father-in-law and mother-in-law of the deceased. It is also submitted that petitioner no.1 is aged about 72 years and petitioner no.2 is aged about 68 years and the informant alleges that his daughter was married to Deepak about 6 1⁄2 years back,
2/4 further after marriage the accused persons used to torture his daughter, the victim used to inform the informant about the torture being meted out to her, it is further alleged that on 13.10.2024 at 10.00 P.M. his elder son called him and informed that victim has died, accordingly, he reached the place of occurrence and saw the dead body of his daughter lying and blood was coming out from her nose and back side of the head and the body also appeared to be swollen.
4. Learned counsel for the petitioners submits that petitioners have been falsely implicated in the instant case by the informant based on suspicion. It is next submitted that the marriage was performed about 6 1⁄2 years back but then no case ever came to be instituted either by the informant or the victim alleging torture by the accused persons. It is further submitted that informant is not an eyewitness to the occurrence. It is also submitted that whenever any dispute arises in between the husband and the wife and an occurrence of the nature as alleged takes place, the entire family members are implicated in a mechanical manner with general and omnibus allegation. It is also submitted that from perusal of the allegation as alleged in the FIR, it would manifest that allegation of demand of dowry and torture is general and omnibus in nature. It is next submitted
3/4 that had the petitioners been involved in the occurrence then efforts would have been made to dispose of the dead body with a view to conceal evidence but then the dead body was lying and the same was sent for postmortem. It is submitted that the husband of the deceased namely Deepak Kumar was taken in custody but he was released on regular bail by an order dated 18.06.2025 in Cr. Misc. No. 36511/2025 by a learned coordinate Bench. It is also submitted that petitioners will not abscond rather will cooperate in the investigation to prove their innocence.
5. Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioners.
6. Considering the submissions made by the learned counsel for the petitioners and also taking into consideration the fact that the husband of the deceased has been granted the privilege of regular bail by a learned coordinate Bench by an order dated 18.06.2025 in Cr. Misc. No. 36511/2025, the petitioners above-named, in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned
4/4 trial court where the case is pending/successor court in connection with Chapra Town P.S. Case No.613/2024, subject to the conditions as laid down under Section 482(2) of the B.N.S.S.
7. However, it is made clear that in the event if the Investigating Officer of the case files an application before the learned trial court bringing to its notice that the petitioners despite giving assurance to this court are not co-operating in the investigation in that event the learned trial court shall be at liberty to cancel the bail bonds of the petitioners. (Satyavrat Verma, J) amit/- U T