Vishwanath Prasad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.68859 of 2023 Arising Out of PS. Case No.-385 Year-2023 Thana- CHAPRA TOWN District- Saran ====================================================== Vishwanath Prasad S/O Late Kishun Sah R/O Village- Yoginia Kothi Chapra, Town, P.S- Chapra, Distt.- Saran.

... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Soni Kumari, Advocate For the Opposite Party/s :

Mr. Dilip Kumar No. 1, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 04-01-2024 Learned counsel for the petitioner is permitted to remove the defect(s), as pointed out by the office, if any, within a period of three weeks from today.

2. Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

3. The petitioner is apprehending his arrest in connection with Chapra Town P.S. Case No. 385 of 2023 dated 10.05.2023 registered for the offence punishable under Sections 304B read with 34 of the Indian Penal Code and Sections.

4. As per the prosecution case, the petitioner and the co-accused persons are alleged to have committed

Patna High Court CR. MISC. No.68859 of 2023(3) dt.04-01-2024 2/3 murder of the daughter of the informant due to nonfulfillment of demand of Rs. 5 lakh as dowry.

5. Learned counsel for the petitioner has submitted that the petitioner has falsely been implicated in this case. There is general and omnibus allegation against the petitioner. Learned counsel has further submitted that the petitioner is the father-in-law of the deceased. It is further submitted that the husband of the deceased was arrested and he is in jail since 10.05.2023. It is further submitted that the petitioner neither demanded any dowry nor tortured the deceased. The petitioner has no criminal antecedent as stated in para 3 of the bail petition.

6. Learned A.P.P. for the State has vehemently opposed the prayer for anticipatory bail of the petitioner. 7.

Considering the aforesaid facts and circumstances of the case as well as the allegation being general and omnibus, let the above named petitioner, in the event of his arrest/surrender within a period of six weeks from today, be enlarged on anticipatory bail on furnishing bail-bond of Rs. 20,000/- (Rupees twenty thousand) with two sureties of the like amount each to the satisfaction of

Patna High Court CR. MISC. No.68859 of 2023(3) dt.04-01-2024 3/3 the learned court concerned, Saran at Chapra in connection with Chapra Town P.S. Case No. 385 of 2023, subject to conditions as laid down under section 438(2) of the Code of Criminal Procedure.

8. The application stands allowed.

(Chandra Prakash Singh, J) Nilmani/- U T