Laxman Nut v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.13053 of 2023 Arising Out of PS. Case No.-129 Year-2021 Thana- KALYANPUR District- East Champaran ====================================================== Laxman Nut, aged about 37 years, Male, S/O Khelar Nut Resident of villageSiswa Kharar, P.S.- Kalyanpur, District- East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Shakil Ahmad Khan, Advocate For the Opposite Party/s :

Dr. Mrityunjaya Kr.Gautam, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 24-05-2023 Heard learned counsel for the petitioner and learned APP for the State of Bihar.

The petitioner is apprehending his arrest in connection with Kalyanpur P.S. Case No. 129 of 2021 for the offence under Sections 304B, 201, 34 of the Indian Penal Code. There is allegation that the informant's daughter has been done to death for non-fulfillment of demand for dowry. It is submitted by the learned counsel for the petitioner that petitioner is member of the matrimonial family and his implication is based on extraneous consideration. He has no antecedent and no concern with the family of the deceased. Other co-accused persons who are family members of the victim have been allowed anticipatory bail in Cr. Misc No. 63463 of 2021.

Patna High Court CR. MISC. No.13053 of 2023(4) dt.24-05-2023 2/3 Learned APP for the State opposed the prayer for bail. It is submitted that petitioner is a named accused. Considering the rival submissions, petitioner's claim based on parity with other family members of the victim, clean antecedent of the petitioner and also the fact that husband is already in custody, this Court inclined to allow petitioner's prayer for grant of anticipatory bail.

Petitioner's anticipatory bail is allowed.

Accordingly, let the petitioner, above named, in the event of his arrest or surrender before the court below within a period of four weeks from today, be released on bail on furnishing bail bond of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned ACJM-IX Motihari, East Champaran in connection with Kalyanpur P.S. Case No. 129 of 2021 subject to the conditions as laid down in Section 438(2) of the Code of Criminal Procedure as also subject to the following conditions: (i) That one of the bailors will be a close relative of the petitioner who will give an affidavit giving genealogy as to how he is related with the petitioner.

The bailor will also undertake to inform the court if there is any change in the address of the petitioner.

(ii) That the petitioner will be well represented on each date and if they

Patna High Court CR. MISC. No.13053 of 2023(4) dt.24-05-2023 3/3 fail to do so on two consecutive dates, their bail bond will be liable to be cancelled.

(Madhuresh Prasad, J) SUMIT/ gaurav.sU