Prakash Sah @ Prakash Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.67329 of 2025 Arising Out of PS. Case No.-46 Year-2025 Thana- Hattha District- Muzaffarpur ====================================================== Prakash Sah @ Prakash Kumar Son of Tej Narayan Sah Resident of VillageSundarpur Ratwara (Wrongly Stated in Fardbyan as Ratwara Maheshpur), PS -Hatha District -Muzaffarpur ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Vikash Kumar Jha, Advocate For the Opposite Party/s :
Mr. Awadhesh Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 17-09-2025 Heard learned counsel for the petitioner and Mr. Awadhesh Kumar Singh, learned APP for the State.
2. The petitioner has prayed for regular bail in a case registered for the offence punishable under Sections 80, 328 and 3(5) of the BNS.
3. The case of the prosecution in short is that the daughter of the informant has solemnized love marriage with one Keshav. It is alleged that she was subjected to cruelty on account of non-fulfillment of dowry demand and on 27.04.2024 , the daughter of the informant, namely Radhika (deceased) informed the informant that she is being assaulted by her in-laws. It is further alleged that on same day in evening, Keshav Gupta (husband of the deceased) brought the dead body of the deceased on a four wheeler at the door of the informant where he was apprehended by the family members.
4. Learned counsel for the petitioner has submitted
Patna High Court CR. MISC. No.67329 of 2025(2) dt.17-09-2025 2/2 that from perusal of the FIR itself it is clear that the marriage of the deceased was love marriage with one Keshav. It has also been submitted that after some day of the marriage, the petitioner and the deceased started fighting with each other. It has also been submitted that the petitioner is brother-in-law. The main thrust of allegation is against the husband. Learned counsel for the petitioner has further submitted that the petitioner is a man of clean antecedent and is in judicial custody since 22.06.2025.
5. Learned APP for the State has conceded that the main thrust of allegation is against the husband of the deceased.
6. Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Hattha P.S. Case No. 46 of 2025 on furnishing bail bond of Rs.10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned JM First Class, East Muzaffarpur.
(Ashok Kumar Pandey, J) Durgesh/- U T