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Patna High CourtCR. MISC./17941/2023allowed

Bipin Choudhary v. The State Of Bihar

2023-07-06Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.17941 of 2023 Arising Out of PS. Case No.-270 Year-2022 Thana- PARBATTA District- Khagaria ====================================================== BIPIN CHOUDHARY Son of Late Upendra Choudhary Resident of VillageMathura Pur (Mauniyachak) Ps- Parbatta (Bharat Khand) Dist- Khagaria ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Murlidhar Mishra, Adv.

For the Opposite Party/s :

Mr.Ram Sevak Choudhary, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 06-07-2023 Heard the parties.

The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 302/34 of the Indian Penal Code.

Allegedly, petitioner, along with other co-accused persons, is said to have committed murder of the informant's sister due to non-fulfillment of dowry demand. It is submitted by learned counsel for the petitioner that petitioner is quite innocent and has committed no offence. Petitioner is father-in-law of the deceased. No such occurrence as alleged ever took place. He has been falsely implicated in this case due to ulterior motive. The allegation levelled against the petitioner is not specific rather general and omnibus in nature. The husband of the deceased is already in judicial custody. Similarly situated co-accused, namely, Yashoda Devi

Patna High Court CR. MISC. No.17941 of 2023(3) dt.06-07-2023 2/2 has been enlarged on bail by this court vide order dated 20.06.2023 passed in Cr. Misc. No. 12030 of 2023, whereas coaccused Rahul Kumar has been enlarged on bail by a coordinate Bench of this Court vide order dated 18.05.2023 in Cr. Misc. No. 7771 of 2023. Petitioner has one criminal antecedent as mentioned in para-3 of this application.

Learned APP for the State opposed the prayer for bail. Having regard to the facts and circumstances of the case, as the similarly situated co-accused have been granted bail, 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 Parbatta (Bharat Khand) P.S. Case No. 270 of 2022, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

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