Patna High Court
Vinod PrasadversusThe State of Bihar
- Decided
- Disposal
- PARTLY ALLOWED (DISPOSAL)
- Bench
- SANDEEP KUMAR
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The application was dismissed as withdrawn for petitioners 1 and 2, and bail was granted to petitioners 3 and 4 subject to the stipulated conditions.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 The court dismissed the application as withdrawn for petitioners 1 and 2.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- Whether the bail application filed by the petitioners can be withdrawn by their counsel.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
- BNSS — s. 482
- Code of Criminal Procedure, 1973 — s. 438(2)
- Indian Penal Code — s. 304B, 34
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
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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
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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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