Biku Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.28053 of 2023 Arising Out of PS. Case No.-66 Year-2021 Thana- RASULPUR District- Saran ====================================================== Biku Kumar Singh son of Basudeo Singh Resident of Village Nawada, P.S. Rasulpur, Dist- Saran at Chapra ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Akbar Ali, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 28-08-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends his arrest in a case registered for the offences punishable under Section 304(B)/34 of the Indian Penal Code.

3. As per prosecution case, informant's daughter married Vikash Kumar, the elder brother of the petitioner. After marriage, his daughter was being tortured for dowry. On 30.03.2021 around 10:00 A.M. he received information that his daughter is no more. On such information the informant and others went to the house of the accused persons where dead body of his daughter Manisha Kumari was lying in burnt condition.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this

Patna High Court CR. MISC. No.28053 of 2023(4) dt.28-08-2023 2/2 case. Petitioner is the younger brother of Vikash Kumar, husband of the deceased and there is no specific overt act against the petitioner. He further submits that petitioner lives separately from the husband of the deceased and has nothing to do with the deceased and her husband. It is not mentioned in bail application. It is mentioned in the impugned order by way of submission. Petitioner has no criminal antecedent as mentioned in para-3 of this application.

5. Learned APP for the State opposes prayer for anticipatory bail.

6. Considering the facts and circumstances of the case, 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 Rasul P.S. Case No. 66 of 2021, subject to the condition as laid down under Section 438 (2) of the Cr.P.C. (Anjani Kumar Sharan, J) saurabhkrsinha/- U T