Adeya Prasad @ Adya Prasad @ Adaya Prasad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.11690 of 2024 Arising Out of PS. Case No.-590 Year-2023 Thana- ARA NAWADA District- Bhojpur ====================================================== 1.

Adeya Prasad @ Adya Prasad @ Adaya Prasad Son of Akshyabar Mahto Resident of Muhalla- Nawada, Ara, P.S.- Ara Nawada, District- Bhojpur 2.

Hiramuni Devi Wife of Adya Prasad Resident of Muhalla- Nawada, Ara, P.S.- Ara Nawada, District- Bhojpur 3.

Sangita Kumar Daughter of Adya Prasad Resident of Muhalla- Nawada, Ara, P.S.- Ara Nawada, District- Bhojpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Nagadeo Choubey For the Opposite Party/s :

Mr.Parmanand Kumar For the Informant :

Mrs.Rajani Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 12-03-2024 Heard learned counsel for the petitioners, learned counsel for the informant and learned Additional Public Prosecutor for the State.

2.

The petitioners apprehend their arrest in a case registered for the offence punishable u/s 304(B)/34 of the IPC and section 3⁄4 of the Dowry Prohibition Act.

3.

The allegation against the petitioners is that they along with other accused persons have killed the daughter of the informant due to non-fulfillment of demand of dowry. 4.

It is submitted by learned counsel for the petitioners that

Patna High Court CR. MISC. No.11690 of 2024(2) dt.12-03-2024 2/3 petitioners are quite innocent and have committed no offence. They have been falsely implicated in this case due to grudge. No such occurrence, in the manner as alleged, has ever taken place. The allegation leveled against the petitioners is not specific rather general and omnibus in nature. Petitioners are the fatherin-law, mother-in-law and married sister-in-law of the deceased. It is submitted by learned counsel for the petitioners that during the pendency of this application, the husband of the deceased has surrendered. Petitioners have no criminal antecedent. 5.

Learned APP for the State as well as learned counsel for the informant opposed the prayer for bail.

6.

Having regard to the facts and circumstances of the case and considering the statement that husband of deceased has surrendered, let the above named petitioners, be released on bail, in the event of their 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) each 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 Ara Nawada P.S. Case No.590 of 2023, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

Patna High Court CR. MISC. No.11690 of 2024(2) dt.12-03-2024 3/3 7.

However, before accepting the bail bond of the petitioners, learned Court below is directed to verify this fact that the husband of the deceased has surrendered and if it is found that he has not surrendered, the bail bond of the petitioners shall not be accepted.

(Anjani Kumar Sharan, J) pallavi/- U T