Rahul Kumar @ Rahul Choudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.7771 of 2023 Arising Out of PS. Case No.-270 Year-2022 Thana- PARBATTA District- Khagaria ====================================================== RAHUL KUMAR @ RAHUL CHOUDHARY Son of Bipin Choudhary Resident of Village- Mathura Pur (Mauniyachak), P.S.- Parbatta (Bharat Khand), District- Khagaria ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Murlidhar Mishra, Advocate For the Opposite Party/s :

Ms.Sharda Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 18-05-2023 Heard the learned counsel for the petitioner and learned APP for the State.

This is an application for grant of anticipatory bail in connection with Parbatta (Bharat Khand) P.S. Case No.270 of 2022, registered for offence under Section 302/34 of the IPC. The allegation is regarding the accused persons, including the petitioner herein, having killed the deceased victim lady on account of non-fullfilment of demand for dowry. It is also alleged that the sister of the informant was married with one Sujeet Kumar, who happens to be the brother of the petitioner, in the year 2007, as per Hindu rites and rituals. The learned counsel for the petitioner has submitted that the petitioner is innocent, he has been falsely

Patna High Court CR. MISC. No.7771 of 2023(2) dt.18-05-2023 2/3 implicated in the present case and he is having a clean antecedent. The learned counsel for the petitioner has further submitted that the petitioner is living separately from his brother and his wife since before the marriage had been solemnized in between them and the main accused, i.e. the brother of the petitioner, who is the husband of the deceased-victim lady has already been arrested and is in custody since 23.06.2022, as has been stated in paragraph no.12 of the present petition. It is also submitted that no specific allegation has been levelled qua the petitioner herein, hence, he is not having any complicity in the matter.

Per contra, the learned APP for the State has vehemently opposed the prayer for bail.

Having regard to the facts and circumstances of the case, considering the submissions made by the learned counsel for the parties and taking into account the materials available on record as also considering the fact that the husband of the deceased victim is already behind bars and no specific allegation has been levelled qua the petitioner herein, I deem it fit and proper to admit the petitioner to the privilege of anticipatory bail.

Accordingly, the above named petitioner is directed

Patna High Court CR. MISC. No.7771 of 2023(2) dt.18-05-2023 3/3 to be enlarged on anticipatory bail, in the event of his arrest or surrender before the court below, within a period of four weeks from the date of receipt/production of a copy of this order, on furnishing bail bond of Rs.10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned SDJM, Khagaria in connection with Parbatta (Bharat Khand) P.S. Case No.270 of 2022, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Mohit Kumar Shah, J) kanchan/- U T