Aditya Prasad v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.69650 of 2023 Arising Out of PS. Case No.-126 Year-2023 Thana- BRAHMPURA District- Muzaffarpur ====================================================== ADITYA PRASAD S/o- BRAJ BHUSHAN PRASAD Mohalla- Saraswati Chowk, Nunfar Ps- Brahmpura Dist- Muzaffarpur ... ... Petitioner/s
Versus
The State of Bihar Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Y.C. Verma, Sr.Adv Mr. Pratyush Pratap Singh, Adv For the Opposite Party/s :
Mr. Dilip Kumar No.1, APP For the Informant :
Mr. Yugal Kishore ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 19-03-2024 Heard Mr. Yogesh Chandra Verma, learned Senior Counsel for the petitioner, Mr. Yugal Kishore, learned counsel for the informant as well as Mr. Dilip Kumar No.1, learned APP for the State.
2. The petitioner apprehends his arrest in connection with Brahmpura P.S. Case No.126 of 2023, registered for the offence punishable under Sections 341, 323, 504, 506, 304B, 498A of the Indian Penal Code.
3. The allegation against the petitioner is that he, along with his family members killed the daughter of the informant on the pretext of non-fulfillment of demand for dowry.
4. It is submitted by learned Senior Counsel for the petitioner that petitioner is quite innocent and has committed no
Patna High Court CR. MISC. No.69650 of 2023(3) dt.19-03-2024 2/3 offence. He has been falsely implicated in this case. No such occurrence, in the manner as alleged, has ever taken place. The allegation levelled against the petitioner is not specific rather general and omnibus in nature. He submits that as per the materials available on record, the deceased girl herself committed suicide. Neither the petitioner nor his family members have made any demand of dowry from the daughter of the informant. Petitioner has no criminal antecedent, which is mentioned in para-3 of the bail application.
5. Learned APP for the State as well as learned counsel for the informant opposed the prayer for anticipatory bail. It is submitted by the learned counsel for the informant that the marriage of the petitioner and informant's daughter was solemnized on 07.06.2023 and the girl was found dead at her matrimonial house on 18.06.2023.
6. Considering that being the husband of the deceased, the petitioner was bound to ensure her safety and dignity at her matrimonial house, as such, I am not inclined to enlarge the petitioner on bail. The prayer for grant of anticipatory bail on his behalf is hereby rejected.
7. This application is, accordingly, dismissed.
8. However, if the petitioner surrenders before the learned
Patna High Court CR. MISC. No.69650 of 2023(3) dt.19-03-2024 3/3 Court below within a period of six weeks from today and seek for regular bail, the learned Court below shall pass the order on the same day in accordance with law.
(Anjani Kumar Sharan, J) shikha/- U T