Mithi Sao @ Mithu Sao @ Kundan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.22443 of 2024 Arising Out of PS. Case No.-150 Year-2022 Thana- PANDARAK District- Patna ====================================================== Mithi Sao @ Mithu Sao @ Kundan Kumar S/O- Ram Sagar @ Sagar Sao R/O- Choti Durga Asthan Pandarak, P.S.- Pandarak, Dist.- Patna. ... ... Petitioner/s

Versus

THE STATE OF BIHAR, PATNA ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Arun .

For the Opposite Party/s :

Mr. Ganesh Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 04-04-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 304(B), 201, 34 of the Indian Penal Code.

3. As per the prosecution case, the petitioner along with other co-accused persons are said to have committed murder of the daughter of the informant, due to non-fulfillment of dowry demand.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case. The allegation levelled against the petitioner is not specific rather general and omnibus in nature. He submits that the petitioner is brother-in-law (Bhaisur) of the deceased. He

Patna High Court CR. MISC. No.22443 of 2024(2) dt.04-04-2024 2/2 further submits that there is no specific overt act against the petitioner. He also submits that the husband of the deceased is already in judicial custody. Petitioner has no criminal antecedent as mentioned in para-3 of this application.

5. Learned APP for the State opposes prayer for anticipatory bail.

6. Considering the facts and circumstances of the case and the fact that husband of the deceased is already in judicial custody, let the above named petitioner, be released on bail, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned Court below where the case is pending/successor Court in connection with Pandarak P.S. Case No. 150 of 2022, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

(Anjani Kumar Sharan, J) anand/- U T