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Patna High CourtCR. MISC./12278/2022allowed

Balindar Singh v. The State Of Bihar

2022-08-03Mr. Justice Anjani Kumar Sharan3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.12278 of 2022 Arising Out of PS. Case No.-128 Year-2019 Thana- MAHARAJGANJ District- Siwan ====================================================== Balindar Singh Son of Ramashray Singh Resident of Village - Saray Parauli, P.S.- Bhagwanpur, Distt.- Siwan.

... ... Petitioner/s

Versus

THE STATE OF BIHAR.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Rajeev Ranjan For the Opposite Party/s :

Mr. Ram Sevak Choudhary ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 03-08-2022 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner apprehends his arrest in connection with Maharajganj P.S. Case No.128 of 2019, registered for the offences punishable under Sections 304(B), 201 and 34 of the Indian Penal Code.

The petitioner and other co-accused persons are said to have killed the daughter of the informant for non-fulfillment of demand of additional dowry.

Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. It is further submitted that the petitioner and informant are co-villagers and petitioner has got no manner of concern with the family affairs of the deceased. It is submitted

Patna High Court CR. MISC. No.12278 of 2022(2) dt.03-08-2022 2/3 that the deceased died in her Sasural. It is also submitted that the petitioner has got no criminal antecedent as stated in paragraph3 of the bail application. It is further submitted that similarly situated co-accused, Laljas Singh has already been enlarged on anticipatory bail by a co-ordinate Bench of this Court vide order dated 03.03.2020, passed in Cr. Misc. No.7526 of 2020. Learned APP for the State opposed the prayer for anticipatory bail of the petitioner.

Considering the fact that similarly situated coaccused, Laljas Singh has already been enlarged on anticipatory bail by a co-ordinate Bench of this Court, let petitioner, above named, in the event of his arrest or surrender before the learned court below within a period of six weeks from today, be enlarged on bail on furnishing bail bond of Rs.25,000/- (rupees twenty five thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M.-V, Gopalganj in connection with Maharajganj P.S. Case No.128 of 2019, subject to the condition laid down under Section 438(2) of the Code of Criminal Procedure, i.e., (i) a condition that the person shall make himself available for interrogation by a police officer as and when required:

Patna High Court CR. MISC. No.12278 of 2022(2) dt.03-08-2022 3/3 (ii) a condition that the person shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer:

(iii) a condition that the person shall not leave India without the previous permission of the Court. (Anjani Kumar Sharan, J) Sanjay/- U T