Awadh Bihari Pathak v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.16147 of 2023 Arising Out of PS. Case No.-289 Year-2022 Thana- SIMRI District- Buxar ====================================================== Awadh Bihari Pathak Son of Late Tej Narayan Pathak Resident of Village - Niajipur, P.S.- Simri (Hata O.P.), District - Buxar. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Babu Nandan Prasad, Adv.

For the Opposite Party/s :

Mr. Dr. Mrityunjaya Kr.Gautam, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 10-05-2023 Let the defect(s), if any, be removed within two weeks from today.

Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner seeks regular bail in connection with Simri (Hata O.P.) P.S. Case No. 289 of 2022 dated 12.07.2022 lodged under Sections 304B & 34 of the I.P.C. As per the prosecution case, the allegation of killing the informant's daughter is there in the F.I.R. against the son-inlaw and his family. Learned counsel for the petitioner submits that a general and omnibus allegation has been made in the F.I.R.. He also submits that the petitioner is innocent and has committed no offence. He further submits that the death of the deceased has

Patna High Court CR. MISC. No.16147 of 2023(2) dt.10-05-2023 2/2 caused due to cardiac arrest and in this regard, he has placed Annexure-2 which is the hospital report.

Counsel further submits that the petitioner is the father-in-law and husband of victim is already in custody. Counsel also submits that petitioner is in custody since 08.09.2022 having clean antecedent.

Learned counsel for the State opposes the prayer for bail.

In the present facts and circumstances of this case and the submissions made above, let the petitioner above named, be granted bail on furnishing bail bonds of Rs.30,000/- (Rupees Thirty thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M- IV, Buxar in connection with Simri (Hata O.P.) P.S. Case No. 289 of 2022, subject to the conditions as laid down under Section 437(3) of Cr.P.C. With this observation, the bail application stands allowed.

(Dr. Anshuman, J.) prakashmani/- U T