Gopal Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.6764 of 2022 Arising Out of PS. Case No.-240 Year-2021 Thana- SAHARSA SADAR District- Saharsa ====================================================== GOPAL SAH Son of Sri Ramashray Sah Resident of Village - Bhindua, P.S. - Kusheshwar Asthan, District - Darbhanga. Presently residing at Kahra Kutti, Ward No. 04 Saharsa, Police Station and District - Saharsa. ... ... Petitioner

Versus

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

For the Petitioner/s :

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

Mr.Nand Kishore Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 13-05-2022 Heard learned counsel for the petitioner and learned APP for the State through virtual mode.

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 Sections 302, 304(B) 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. It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the

Patna High Court CR. MISC. No.6764 of 2022(2) dt.13-05-2022 2/2 petitioner. The petitioner has falsely been implicated in the present case. The petitioner is brother-in-law of the deceased. He is separate in mess and property from the husband of the deceased. The petitioner has got no concern with the alleged occurrence. The husband of the deceased is in custody. 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 Judicial Magistrate, 1st Class, Saharsa in connection with Saharsa Sadar P.S. Case No. 240/2021, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Sudhir Singh, J) Pankaj/- U T