Pradeep Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.484 of 2025 Arising out of PS. Case No.-226 Year-2024 Thana- JANDAHA District- Vaishali ====================================================== Pradeep Rai, S/o- Late Saryug Rai, Resident of Village- Mahisaur, P S-Jandaha Mahisaur, District-Vaishali. ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Nachiketa Jha, Advocate For the Opposite Party/s:

Mr. Prem Kumar Jha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SOURENDRA PANDEY ORAL ORDER 23-04-2025 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the state.

2. The petitioner seeks bail in connection with Jandaha (Mahisaur) P.S. Case No. 226 of 2024 dated 11.07.2024 instituted for the offences under Sections 80, 238, 3(5) of BNSS, 2023.

3. The prosecution case is to the effect that the daughter of the informant Pramila Kumari was married to one Rajnish Kumar who happens to be the son of the petitioner and after the marriage it is alleged that the son-in-law of the informant started demanding a motorcycle and golden chain. It was also alleged that on 10.07.2024 the informant came to know that the named accused persons have killed his daughter and disappeared her dead body.

Patna High Court CR. MISC. No.484 of 2025(3) dt.23-04-2025 2/3

4. Learned counsel for the petitioner submits that the petitioner is the father-in-law of the deceased and he is living separately in mess and business from the deceased and her husband. It is further submitted by learned counsel for the petitioner that there is general and omnibus allegation of torture for demand of motorcycle and chain. Learned counsel for the petitioner has also submitted that the occurrence is said to have taken place on 10.07.2024, however, the present case was lodged on the next day, i.e., on 11.07.2024 and the petitioner was arrested on the very next day, i.e., on 12.07.2024. It is lastly submitted that the petitioner is in custody since 12.07.2024, i.e., for more than nine months.

5. Learned Additional Public Prosecutor for the State has vehemently opposed the prayer for bail of the petitioner and has stated that the petitioner being the father-in-law is answerable for such incident and their conduct of not informing the family of the deceased raises suspicion as such the petitioner should not be let off.

6. Considering the aforesaid submissions of respective counsels and taking into account the fact that the petitioner happens to be the father-in-law and it appears from the supplementary affidavit filed on behalf of petitioner that the husband

Patna High Court CR. MISC. No.484 of 2025(3) dt.23-04-2025 3/3 of the deceased namely Rajnish Kumar has surrendered recently on 06.01.2025 and is in judicial custody, the petitioner above named, is directed to be released on bail 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 Additional Chief Judicial Magistrate-VII, Vaishali at Hajipur in connection with Jandaha (Mahisaur) P.S. Case No. 226 of 2024, subject to the the following conditions:- (i) One of the bailors will be a close relative of the petitioner.

(ii) The petitioner will remain present on each and every date fixed by the Court below, if so required by the learned Trial Court.

(iii) In case of absence on two consecutive dates or in violation of the terms of the bail, the bail bond of the petitioner will be liable to be canceled by the Court concerned.

(Sourendra Pandey, J) Vikash/- U T