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Patna High CourtCR. MISC./9494/2023bail granted

Arun Saw v. The State Of Bihar

2023-04-25Mr. Justice Prabhat Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.9494 of 2023 Arising Out of PS. Case No.-139 Year-2021 Thana- THARTHARI District- Nalanda ====================================================== ARUN SAW Son of Late Ramjee Saw Resident of Village- Kajhiyawan, P.S.- Tharthari, District- Nalanda ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rudal Prasad For the Opposite Party/s :

Mr.Uday Pratap Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 25-04-2023 Heard learned counsel for the parties.

The petitioner apprehends his arrest in a case registered for the offence under Sections 306/201 read with 34 of the Indian Penal Code.

As per the prosecution case, all the accused persons including this petitioner used to abuse and assault husband of the informant due to some property dispute. It is further alleged that on 17.12.2021, due to same reason, an altercation took place between them, as a result of which, husband of the informant consumed poisonous powder and in course of treatment, died.

Petitioner is father of the deceased and father-in-law of informant. As a matter of fact, when the deceased (husband of informant) consumed poison, it was this petitioner alongwith

Patna High Court CR. MISC. No.9494 of 2023(2) dt.25-04-2023 2/2 other family members, who took him for treatment, but on the way to Biharsharif, he died. Subsequently, information was given to the informant and last rites of the deceased was performed. It is further submitted that on the instigation of the parents / other family members of the informant, this false and concocted case has been lodged by the informant. Petitioner has got clean antecedent.

Learned A.P.P. for the State has opposed the prayer for anticipatory bail.

Considering the aforesaid facts and circumstances, in the event of arrest/surrender within a period of six weeks from today, let the above named petitioner be enlarged on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M., Hilsa, District - Nalanda in connection with Tharthari P.S. Case No. 139 of 2021, corresponding to G.R. No. 2773 of 2021, subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure.

(Prabhat Kumar Singh, J) anay/- U T