Kanchan Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.4630 of 2024 Arising Out of PS. Case No.-366 Year-2023 Thana- MALSALAMI District- Patna ====================================================== Kanchan Mahto S/o Laxmi Narayan Resident of Chhoti Nagla, Brahmsthan, P.S. - Malsalami District - Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Rudra Deo, Adv.

For the Opposite Party/s :

Mr. Anant Kumar 1, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 09-02-2024 Heard learned counsel for the petitioner, learned A.P.P. for the State and learned counsel for the O.P. No.2.

2. The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 304(B)/34 of the Indian Penal Code.

3. Allegation against the petitioner is that he along with other co-accused persons have demanded Rs. 2 lakh as additional dowry to the daughter of the informant. It is further alleged that due to non-fulfillment of the same they have killed the daughter of the informant.

4. It is submitted by learned counsel for the petitioner that the petitioner is innocent and has committed no offence. No such occurrence as alleged ever took place.

Patna High Court CR. MISC. No.4630 of 2024(2) dt.09-02-2024 2/3 The allegation levelled against the petitioner is not specific rather general and omnibus in nature. He further submits that husband of the deceased is already in judicial custody mentioned in para 9 of the bail application. Petitioner has no criminal antecedent as mentioned in para-3 of this application.

5. Learned APP for the State and learned counsel for O.P. No.2 opposed the prayer for bail and submitted that petitioner is also involved in the alleged occurrence.

6. Having regard to the facts and circumstances of the case, considering this fact that husband of the deceased has already been in judicial custody, 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 Malasalami P.S. Case No. 366 of 2023, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

Patna High Court CR. MISC. No.4630 of 2024(2) dt.09-02-2024 3/3

7. Petitioner is directed to co-operate in the trial, if petitioner has not appeared on two consecutive dates fixed by the learned court below then opposite party has liberty to file cancellation of bail application of the petitioner. (Anjani Kumar Sharan, J) annpurna/- U T