Chhotu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.4377 of 2022 Arising Out of PS. Case No.-44 Year-2020 Thana- MAHILA P.S. District- Sheikhpura ====================================================== CHHOTU KUMAR Son of Arjun Singh Resident of Village- Barsa, P.S.- Ariyari (Kasar O.P.), District- Sheikhpura.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Durgesh Nandan, Advocate For the Opposite Party/s :

Mr.Nawal Kishore Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 24-02-2022 Heard learned counsel for the petitioner and learned APP for the State.

A supplementary affidavit has been filed on behalf of the petitioner. The same be kept on record.

In the light of the statements made in paragraph no. 3 of the supplementary affidavit, learned counsel for the petitioner is permitted to make necessary correction in paragraph 3 of the main application in course of the day.

Learned counsel for the petitioner is directed to remove the defects, as pointed out by the Office, within a period of four weeks. The petitioner is apprehending his arrest in a case registered under Section 304(B), 201/34 of the Indian Penal Code. Allegation against the accused persons is of committing torture and assault and thereafter caused death of the victim due to non-fulfilment of demand of dowry.

Patna High Court CR. MISC. No.4377 of 2022(2) dt.24-02-2022 2/2 It has been submitted on behalf of the petitioner that there is no allegation of tampering of witnesses alleged against the petitioner. In course of investigation, the police had found the case to be false and submitted final form against the petitioner. The petitioner has been made accused due to mistake of fact. On behalf of the State, it is submitted that the petitioner is named in the Complaint Case/F.I.R.

Considering the aforesaid facts and circumstances, let the petitioner, above named, in the event of arrest/surrender before the learned court below within a period of twelve weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned S.D.J.M., Sheikhpura in connection with Sheikhpura (Mahila) P.S. Case No. 44/2020, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) Pankaj/- U T