Mahendra Prasad v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.70400 of 2022 Arising Out of PS. Case No.-68 Year-2022 Thana- NAGARNAUSA District- Nalanda ====================================================== MAHENDRA PRASAD S/o Late Meghu Mahto @ Late Etwari Mahto R/o Village- Raghunathpur, P.S.- Nagarnausa, Distt- Nalanda. ... ... Petitioner/s
Versus
The State of Bihar Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Ajay Mukherjee For the Opposite Party/s :
Mr.Rabindra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 28-02-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State.
The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 304(B) and 201/34 of the Indian Penal Code.
Allegation against the petitioner is that he along with other co-accused persons started torturing and assaulting the deceased for non-fulfillment of demand of dowry. It is further alleged by the informant that the accused persons killed her daughter by pressing her neck.
Learned counsel for the petitioner submits that the petitioner has been falsely implicated in this case. The allegation levelled against the petitioner is not specific rather general and omnibus in nature. He submits that the petitioner is
Patna High Court CR. MISC. No.70400 of 2022(2) dt.28-02-2023 2/2 the father-in-law of the deceased. He further submits that the charge-sheet has been submitted under Section 306 of the IPC against husband of the deceased and he has already been granted regular bail by the court below. Petitioner has no criminal antecedent as mentioned in para-3 of this application. Learned APP for the State opposes prayer for bail. Having regard to the facts and circumstances of the case and the fact that there is no specific overt act against the petitioner, let the above named petitioner, be released on bail, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned Court below where the case is pending/successor Court in connection with Nagarnausa P.S. Case No. 68 of 2022, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.
(Anjani Kumar Sharan, J) anand/- U T