Lakshmi Narayan Prasad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.83155 of 2023 Arising Out of PS. Case No.-346 Year-2023 Thana- MINAPUR District- Muzaffarpur ====================================================== 1.

Lakshmi Narayan Prasad Son Of Late Ram Briksh Prasad @ Late Ram Briksh Bhagat Resident Of Village - Purainiya, P.S. - Meenapur, District - Muzaffarpur 2.

Sashikant Kumar Son Of Lakshmi Narayan Prasad Resident Of Village - Purainiya, P.S. - Meenapur, District - Muzaffarpur ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Nachiketa Jha For the Opposite Party/s :

Mr. Nawal Kishore Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 19-03-2024 Heard learned counsel for the petitioners and learned APP for the State.

2. The petitioners have filed the instant application for grant of regular bail in a case registered for the offences punishable under Sections 147, 149, 341, 323, 504, 302 of the Indian Penal Code.

3. Prosecution case in nutshell is that informant got her daughter married three months ago and the victim lady was kidnapped by her neighbors including the petitioners. When informant's wife went to the house of accused persons to ask about her daughter and to return then

Patna High Court CR. MISC. No.83155 of 2023(3) dt.19-03-2024 2/3 all accused persons assaulted her resulting into her death. It is further alleged that in the said offence, victim girl (daughter of the informant) is also involved.

4. It is submitted by learned counsel for the petitioners that the petitioners are innocent and have falsely been implicated in the present case. There is general and omnibus allegation against the petitioners of assault to the informant and his wife. From perusal of postmortem report of the informant's wife, it appears that no external injury was found and cause of death is reserved. She died due to cardiac arrest. Victim girl, who are also involved in this offence, has already been enlarged on bail by this Court vide order dated 30.01.2024 passed in Cr. Misc. No. 85314 of 2023. A statement has been made in para 3 of the petition that petitioners have no criminal antecedent. Both petitioners are languishing in judicial custody since 15.8.2023.

5. Learned APP appearing for the State has vehemently opposed the prayer for Bail.

6. Having heard learned counsel for the parties and taking into consideration the facts and circumstances of the case, petitioner being a lady as well as period of

Patna High Court CR. MISC. No.83155 of 2023(3) dt.19-03-2024 3/3 custody, this Court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail in connection with Minapur (Meenapur) P.S. Case No. 346 of 2023 on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate 1st Class, Muzaffarpur (East).

(Sunil Kumar Panwar, J) sushma/- U