Dharmendra Kumar @ Dharmendra Gupta v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.36213 of 2021 Arising Out of PS. Case No.-916 Year-2018 Thana- NAWADA District- Nawada ====================================================== Dharmendra Kumar @ Dharmendra Gupta Son Of Umesh Sao R/O MohallaNardiganj Road Garhpar, Nawada, P.S.- Nawada Town, Dist.- Nawada ... ... Petitioner

Versus

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

For the Petitioner/s :

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

Mr.Anil Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 29-03-2022 Heard learned counsel for the petitioner and learned APP for the State.

Learned counsel for the petitioner is directed to remove the defect(s), as pointed out by the Office, within a period of four weeks.

The petitioner is apprehending his arrest in a case registered under Sections 302, 201, 120(B) and 34 of the Indian Penal Code.

The prosecution case, in short, is that the dead body of the husband of the informant was floating in river. It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. The petitioner has falsely been implicated in the

Patna High Court CR. MISC. No.36213 of 2021(2) dt.29-03-2022 2/2 present case. The petitioner is not named in the F.I.R. The name of the petitioner has transpired in course of investigation. It is alleged that the SIM card of the petitioner was found by the side of the dead body of the deceased. Except for this, there is no other substantive evidence to suggest the implication of the petitioner in the present case. The dead body is said to have been found floating in the river.

On behalf of the State, it is submitted that the petitioner is not named in the F.I.R.

Considering the aforesaid facts and circumstances, let the petitioner, above named, in the event of arrest/surrender before the learned court below within a period of twelve weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Nawada in connection with Nawada Town P.S. Case No. 916/2018, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Sudhir Singh, J) Pankaj/- U T