Abdhesh Prasad @ Awadhesh Prasad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.68179 of 2024 Arising Out of PS. Case No.-676 Year-2023 Thana- HISUWA District- Nawada ====================================================== Abdhesh Prasad @ Awadhesh Prasad, S/o- Baleshwar Mahton, Resident of Village- Dumari, P.S. - Hisua Dist- Nawada ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sheo Nandan Prasad, Advocate For the Opposite Party/s :

Mr.Abhay Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 17-01-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for bail in connection with Hisua P.S. Case No. 676 of 2023 instituted for the offence under Section 304(B) of the Indian Penal Code.

3. The case of the prosecution is that the daughter of the informant, namely, Rajni Devi was married two years ago with the petitioner. After some month of the marriage, the petitioner started demanding Rs. 5 Lakhs. It is stated that Rs. 2.5 Lakhs was handed over to him. It is further alleged that on 02.12.2023 at about 5.00 A.M., the informant received an information that the dead body of his daughter lying outside the hosue. The inormant reached there and found that the dead body of the deceased was lying outside the house.

Patna High Court CR. MISC. No.68179 of 2024(3) dt.17-01-2025 2/2

4. It is submitted by learned counsel for the petitioner that petitioner is innocent and has committed no offence. He has been falsely implicated in the present case. He is aged about 53 years. A statement has been made in para-3 of the petition that the petitioner has got no criminal antecedent. Moreover, he is languishing in judicial custody since 02.01.2024.

5. Learned APP appearing for the state has opposed the prayer of regular bail and submitted that from perusal of the postmortem report, it transpires that the doctor has found ligature mark on the neck and the cause of death is strangulation /throttling. Since the death of the deceased has been caused in the matrimonial house and there is material on record to show that the death was otherwise/not normal. The cause of death is strangulation/throttling and petitioner is the husband.

6. Having heard the learned counsel for the parties and considering the nature of allegation, this court is not inclined to enlarge the petitioner on bail at this stage and, as such, his prayer for bail stands rejected.

(Ashok Kumar Pandey, J) lata/- U T