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Patna High Court

Vinod PrasadversusThe State of Bihar

Decided
Disposal
PARTLY ALLOWED (DISPOSAL)

Holding

The application was dismissed as withdrawn for petitioners 1 and 2, and bail was granted to petitioners 3 and 4 subject to the stipulated conditions.

Summary

The petitioners, Vinod Prasad and his wife Malti Devi, along with their daughters Chhatiya Devi and Priyanka Kumari, sought relief from arrest in a murder case (Sections 304B/34 IPC) registered as Dhanarua P.S. Case No. 257 of 2017. The counsel for the first two petitioners withdrew the bail application, and the court directed them to surrender within four weeks or face arrest. The court dismissed the application as withdrawn for petitioners 1 and 2. Petitioners 3 and 4, who are sister‑in‑law of the deceased, were granted bail on furnishing a bond of Rs.10,000 with two sureties, subject to the conditions of Section 438(2) CrPC and Section 482 of the BNSS. The order also instructed the police to comply with the bail directions.

Issues considered

  • Whether the bail application filed by the petitioners can be withdrawn by their counsel.
  • Whether bail can be granted to petitioners 3 and 4 under Section 438(2) of the Code of Criminal Procedure, 1973 in a murder case under Sections 304B and 34 of the IPC.
  • Whether the High Court can impose conditions on bail in exercise of its inherent powers under Section 482 of the BNSS.

Legislation cited

Subjects

  • bail
  • murder
  • IPC 304B
  • Section 34
  • withdrawal of application
  • High Court
  • Criminal Procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.89285 of 2025
                      Arising Out of PS. Case No.-257 Year-2017 Thana- DHANARUA District- Patna
                 ======================================================
           1.     Vinod Prasad Son of Tribhuvan Prasad @ Late Bhulan Prasad Resident of
                  Village- Raghunathpur, P.S. -Dhanarua, District- Patna
           2.    Malti Devi Wife of Vinod Prasad Resident of Village- Raghunathpur, P.S.
                 -Dhanarua, District- Patna
           3.    Chhatiya Devi @ Chhathiya Devi @ Sulekha Devi Daughter of Vinod
                 Prasad Resident of Village- Raghunathpur, P.S. -Dhanarua, District- Patna
           4.    Priyanka Kumari Daughter of Vinod Prasad Resident of Village-
                 Raghunathpur, P.S. -Dhanarua, District- Patna

                                                                                 ... ... Petitioner/s
                                                       Versus
                 The State of Bihar bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr.Sheonandan Pandit
                 For the Opposite Party/s :        Dr. Indiwar Kumari
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

2   04-02-2026                    Heard learned counsel for the petitioners and learned

                   APP for the State.

                                   2.         The petitioners apprehend their arrest in

                   connection with Dhanarua P.S. Case No. 257 of 2017/ G.R. No.

                   657 of 2017 and S.Tr. No. 146 of 2019 registered for the offence

                   under Sections 304(B)/34 of the Indian Penal Code.

                                   3. As per the prosecution case, the petitioners are

                   accused of killing the deceased.

                                   4. Learned counsel for the petitioners, after some

                   arguments, has prayed for withdrawal of this application on
Patna High Court CR. MISC. No.89285 of 2025(2) dt.04-02-2026
                                            2/3




          behalf of petitioner no. 1 and 2.

                          5. Permission is accorded to the learned counsel for

          the petitioner to withdraw this application on behalf of the

          petitioner no. 1 and 2 as they are absconders also.

                          6. Accordingly, this application is dismissed as

          withdrawn with regard to petitioner no. 1 and 2.

                          7.    The petitioner no. 1 and 2 are directed to

          surrender in the Court below within four weeks from today and

          pray for regular bail failing which the Senior Superintendent of

          Police, Patna will take all steps for arrest of the accused person/s

          including the petitioners.

                          8. So far as petitioner no. 3 and 4 are concerned,

          they are the sister-in-law (Nanad) of the deceased and there is

          general and omnibus allegation against the petitioner.

                          9. Considering the nature of allegation levelled

          against the petitioner nos. 3 and 4, this application is allowed

          with respect to them.

                          10. Let the petitioner nos. 3 and 4, above named, in

          the event of their arrest or surrender before the concerned Court

          below within four weeks from today, be released on bail on

          furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two

          sureties of the like amount each to the satisfaction of the learned
          Patna High Court CR. MISC. No.89285 of 2025(2) dt.04-02-2026
                                                      3/3




                    SDJM, Masaurhi, Patna/concerned Court below in connection

                    with Dhanarua P.S. Case No. 257 of 2017, subject to the

                    conditions laid down in Section 438(2) of the Code of Criminal

                    Procedure, 1973 / Section 482 of the BNSS.

                                 11.      Let a copy of this order this order be

                    communicated to the Senior Superintendent of Police, Patna

                    through FAX for its compliance.



                                                              (Sandeep Kumar, J)
Vikas/-

U


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