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Patna High CourtCR. MISC./2216/2023allowed

Dharmendra Rai @ Dharmendra Kumar v. The State Of Bihar

2023-04-24Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.2216 of 2023 Arising Out of PS. Case No.-175 Year-2022 Thana- CHAKIA District- East Champaran ====================================================== DHARMENDRA RAI @ DHARMENDRA KUMAR Son of Shri Nageshwar Ray Resident of Village- Shitalpur Bara Dih, P.S.- Chakiya, District- East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Jitendra Kumar For the Opposite Party/s :

Mr. Jai Narain Thakur ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 24-04-2023 Heard the parties.

The petitioner apprehends his arrest in a case registered for the offence punishable under Sections 302, 325, 504, 34 of the Indian Penal Code.

As per the allegation, the petitioner and other co-accused persons assaulted the informant and her family members and committed murder of sister of informant by assaulting and strangulating her.

It is submitted by learned counsel for the petitioner that petitioner is quite innocent and have committed no offence. He has been falsely implicated in this case. No such occurrence, in the manner as alleged, has ever taken place. The allegation levelled against the petitioner is not specific rather general and

Patna High Court CR. MISC. No.2216 of 2023(3) dt.24-04-2023 2/2 omnibus in nature. There is no specific overt act against the petitioner. The specific allegation is against the co-accused Doman Ray, which is also apparent from the para-15 and 17 of the case diary. Petitioner has no criminal antecedent. Learned APP for the State opposed the prayer for anticipatory bail.

Having regard to the facts and circumstances of the case, let the above named petitioner, be released on bail, in the event of his/her 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) 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 Chakiya P.S. Case No.175 of 2022, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Anjani Kumar Sharan, J) shikha/- U T