Chandan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.22260 of 2025 Arising Out of PS. Case No.-77 Year-2022 Thana- KARPI District- Jehanabad ====================================================== Chandan Kumar Son of Late Akhilesh Sao Resident of Village - Satwan, P.S.- Karpi, District - Arwal.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Shivendra Prasad , Advocate For the Opposite Party/s :

Mr. Anand Kishore Choudhary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 28-04-2025 Heard learned counsel for the petitioner and the State .

2. Petitioner apprehends arrest in a case registered for the offence punishable under sections 304 (B), 201 and 34 of the Indian Penal Code .

3 . It is a case of dowry death. Informant alleged that his daughter was married with Awadhesh Kumar on 29.11.2020 as per Hindu rites and after marriage, she went to her matrimonial house where all the accused persons, subjected her to torture and cruelty due to non-fulfillment of demand of additional dowry . It is further alleged that on 13.04.2022 at about 3:30 PM, informant received information on mobile that her daughter has died.

4. Learned counsel for the petitioner submits that

Patna High Court CR. MISC. No.22260 of 2025(2) dt.28-04-2025 2/3 petitioner is not named in the F.I.R., The name of this petitioner transpired during course of investigation in the confessional statement of co-accused person namely Awadesh Kumar who is husband of the deceased. It is further submitted that co-accused Awadesh Kumar has already acquitted by Court below in Sessions Trial Case No. 515 of 2022 in the Court of Additional District and Sessions Judge - II Jehanabad. Moreover, petitioner is only alleged to have assisted co-accused Awadesh Kumar in disposal of dead body of deceased and there is no other allegation against him. Petitioner is neither relative nor has any concern with the affairs of co-accused Awadesh Kumar and deceased and he is in no way connected with the aforesaid occurrence . Petitioner claims clean antecedent. 5 . Learned counsel for the State opposes the bail petition of the petitioner.

6. Considering the fact that co-accused Awadesh Kumar who is husband of deceased has already been acquitted from Court below , clean antecedent and circumstances of the case , in the event of arrest or surrender within eight weeks from today , let the petitioner, as named above, be enlarged 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

Patna High Court CR. MISC. No.22260 of 2025(2) dt.28-04-2025 3/3 ACJM Arwal in connection with Karpi P.S. case No. 77 of 2022 , subject to the conditions laid down under section 438(2) of the Code of Criminal Procedure .

(Prabhat Kumar Singh, J) Koushik/- U T