Ganpat Baitha v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.23737 of 2024 Arising Out of PS. Case No.-27 Year-2023 Thana- RAJEPUR District- East Champaran ====================================================== Ganpat Baitha Son Of Late Bangali Baitha Resident Of Village - Ujilpur, P.S. - Rajepur, District - East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Ms. Rashmi Jha For the Opposite Party/s :

Mr. Chandra Bhushan Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 02-05-2024

1. Heard learned counsel for the petitioner and learned A.P.P. for the State, Mr. Chandra Bhushan Prasad.

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

3. Learned counsel for the petitioner submits that the petitioner is a person with clean antecedent and has been falsely implicated in the instant case by the informant who is father of the deceased. It is next submitted that petitioner is grandfather of the husband of the deceased. It is next submitted that the grandson of the petitioner was married to the daughter of the informant in the year 2021 and it is alleged that after marriage, the accused persons including the petitioner were demanding dowry as detailed in the FIR and on 28.01.2023, he received an information that the accused persons have killed his daughter. The learned counsel submits that the allegation of demand of

Patna High Court CR. MISC. No.23737 of 2024(2) dt.02-05-2024 2/2 dowry and torture is general and omnibus in nature. It is further submitted that petitioner is aged about 74 years and has remained a person with clean antecedent all throughout and all of a sudden came to be implicated in the instant case. It is also submitted that husband of the deceased is in custody. It is next submitted that the petitioner will not abscond rather will cooperate in the investigation.

4. Learned A.P.P. for the State, Mr. Chandra Bhushan Prasad, opposes the prayer for anticipatory bail of the petitioner.

5. Considering the submissions made by the learned counsel for the petitioner, the petitioner above-named, in the event of his arrest or surrender before the learned trial court within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned trial court where the case is pending/successor court in connection with Rajepur P.S. Case No. 27 of 2023 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

(Satyavrat Verma, J) Rishabh/- U T