Vishwanath Ram @ Vishwanath Prasad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.60633 of 2022 Arising Out of PS. Case No.-282 Year-2019 Thana- PARSABAZAR District- Patna ====================================================== Vishwanath Ram @ Vishwanath Prasad, Son Of Late Vasudeo Ram, Permanent R/O Yadav Chak, P.S.- Parsa Bazaar, District- Patna, At Present R/O Village- Kusre Kamathiya, P.S.- Karpi, District- Jehanabad ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Amit Narayan, Advocate For the Opposite Party/s :

Mr.Abhay Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 24-01-2023 Heard learned counsel for the petitioner and the learned APP for the State.

The petitioner seeks bail in connection with Sessions Trial No.686 of 2022 arising out of FIR No.282 of 2019 registered with Parsa Bazaar Police Station of District-Patna for the offence punishable under Section 304B/34 of the Indian Penal Code and Section 3⁄4 of the Dowry Prohibition Act. Prosecution case alleges that the accused persons, including the petitioner, has caused death of the informant's daughter due to non-fulfilment of demand for dowry. Learned counsel for the petitioner submits that the petitioner has falsely been implicated in this case. The petitioner has been implicated, only because he is the father-in-law of the

Patna High Court CR. MISC. No.60633 of 2022(2) dt.24-01-2023 2/3 deceased. He is separate in mess and property from the husband of the deceased and has no concern with the alleged incident. The husband is in custody. Co-accused-wife of the petitioner has already been allowed bail in Cr.Misc. No.52613 of 2022. Having no antecedents, the petitioner is in custody since 22.01.2022. Charge sheet has already been submitted in this case.

Learned APP for the State has opposed the prayer. Considering the rival submissions, his clean antecedents, period of custody and claim based on parity, this Court for the purposes of grant of bail is inclined to accept the submissions advanced by the petitioner's counsel. Prayer for bail of the petitioner is allowed.

Accordingly, let the petitioner, above named, be released on bail on furnishing bail bond of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Sessions Judge-XXVI, Patna, in connection with Sessions Trial No.686 of 2022 arising out of FIR No.282 of 2019 registered with Parsa Bazaar Police Station of District-Patna, subject to the following conditions: (i) That one of the bailors will be a close relative of the petitioner who will give an affidavit

Patna High Court CR. MISC. No.60633 of 2022(2) dt.24-01-2023 3/3 giving genealogy as to how he is related with the petitioner. The bailor will also undertake to inform the court if there is any change in the address of the petitioner.

(ii) That the petitioner will be well represented on each date and if he fails to do so on two consecutive dates, his bail bond will be liable to be cancelled.

(Madhuresh Prasad, J) PNM U T