Akhilesh Baitha v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.31033 of 2021 Arising Out of PS. Case No.-296 Year-2019 Thana- BHORE District- Gopalganj ====================================================== AKHILESH BAITHA S/o Late Lutawan Baitha R/o village- Mathauli, P.S.- Bhore, District- Gopalganj.

... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Vyas Kumar Mishra, Advocate For the Opposite Party/s :

Mr. Gauri Shankar Gupta, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 28-06-2022 Heard learned counsel for the parties.

The petitioner apprehends his arrest in connection with Bhore P.S. Case No.296 of 2019, registered for the offences punishable under Sections 304(B), 201 and 120(B) of the Indian Penal Code.

The petitioner, who is husband of the deceased, is said to have killed the daughter of the informant. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. It is submitted that though the petitioner is the husband of the deceased but there is no specific allegation against him. It is further submitted that occurrence took place on 05.07.2018 and FIR was lodged on 09.09.2019 after delay of more than one year. It is also submitted that the petitioner has

Patna High Court CR. MISC. No.31033 of 2021(3) dt.28-06-2022 2/2 got no criminal antecedent.

Learned APP for the State opposed the prayer for anticipatory bail of the petitioner by submitting that the petitioner is the husband of the deceased.

Taking into consideration the fact that the FIR was lodged after delay of more than one year, let petitioner, above named, in the event of his arrest or surrender before the learned court below within a period of six weeks from today, be enlarged on bail on furnishing bail bond of Rs.25,000/- (rupees twenty five thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Gopalganj in connection with Bhore P.S. Case No.296 of 2019, subject to the conditions laid down under Section 438(2) of the Code of Criminal Procedure.

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