Praveen Kumar @ Madhu Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.46161 of 2025 Arising Out of PS. Case No.-580 Year-2023 Thana- KESARIA District- East Champaran ====================================================== 1.
Praveen Kumar @ Madhu Kumar S/o Baldeo Rai Resident of village - Ramagya, Ward no. 11, P.S. - Kesariya, Distt.- East Champaran 2.
Arun Kumar S/o Baldeo Rai Resident of village - Ramagya, Ward no. 11, P.S. - Kesariya, Distt.- East Champaran ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Abhishek Kumar, Advocate For the Opposite Party/s :
Mr. Bhanu Pratap Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 28-07-2025 Heard learned counsel for the petitioners and learned APP for the State.
2.
The petitioners seek bail in connection with Kesariya P.S. Case No. 580 of 2023 instituted for the offence under Sections 304(B), 302, 120(B) & 34 of the Indian Penal Code (for short 'IPC').
3.
On 06.12.2023, informant alleged that his daughter, married on 18.02.2019, was being harassed for dowry, specifically for a four-wheeler. On 16.12.2023, he learnt that his daughter and grandchildren were murdered by strangulation at her matrimonial home. He suspects the involvement of all accused named in the FIR, including the petitioners.
Patna High Court CR. MISC. No.46161 of 2025(2) dt.28-07-2025 2/3 4.
It has been submitted on behalf of the petitioners that the petitioner No.1 is in custody since 15-04-2025, whereas petitioner No.2 is in custody since 24-03-2025. Petitioners bear no criminal antecedent, as per disclosure made in paragraph No. 3 of the bail application.
5.
It has been further submitted by the petitioners' counsel that petitioners have been falsely implicated in the present case. Petitioners are the brothers-in-law of the deceased. Husband of the deceased is already in custody. There is no specific allegation attributed to the petitioners, rather allegation is general and omnibus in nature. Petitioners are even separate in mess and property from the husband of the deceased. Postmortem report suggests the cause of death is asphyxia due to strangulation. Charge sheet has already been submitted in this case.
6.
Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioners. 7.
Considering the aforesaid facts and circumstances of the case, period of custody of the petitioners, charge sheet being submitted and there being no specific allegation against the petitioners, this Court is inclined to grant bail to the petitioners.
Patna High Court CR. MISC. No.46161 of 2025(2) dt.28-07-2025 3/3 8.
Let the petitioners be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Kesariya P.S. Case No. 580 of 2023.
(Rudra Prakash Mishra, J) Raj Kishore/- U T