Chandan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.3426 of 2023 Arising Out of PS. Case No.-40 Year-2022 Thana- MATIHANI District- Begusarai ====================================================== CHANDAN KUMAR Son of Shailendra Singh Resident of Village- RamdiriNakti Tola-Ward No.-3, P.S.- Matihani, District- Begusarai ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Shubhesh Pandey, Adv.

For the Opposite Party/s :

Mr.Ram Naresh Ray, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 17-03-2023 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner apprehends his arrest in a case registered for the offence punishable u/s 120(B), 304(B)/34 of the IPC. Allegedly, the sister of the informant is said to have been killed by her matrimonial family including the petitioner (husband of the deceased) by hanging due to non-fulfillment of demand of dowry.

It is submitted by learned counsel for the petitioner that petitioner is quite innocent and has committed no offence. He has 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 petitioner is not specific rather general and omnibus in nature. Petitioner is the husband of the

Patna High Court CR. MISC. No.3426 of 2023(2) dt.17-03-2023 2/2 deceased and has never tortured the deceased for demand of dowry. It is submitted that after investigation, police has filed charge sheet u/s 306 and 34 of the IPC. Petitioner has no criminal antecedent.

Learned APP for the State opposed the prayer for bail. Having regard to the facts and circumstances of the case, since charge sheet has been filed u/s 306/34 of the IPC, let the above named petitioner, be released on bail, in the event of his 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 Matihani P.S. Case No.40 of 2022, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Anjani Kumar Sharan, J) pallavi/- U T