Akhilesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.37313 of 2021 Arising Out of PS. Case No.-107 Year-2021 Thana- JAKKANPUR District- Patna ====================================================== Akhilesh Kumar Son of Late Ganesh Prasad Resident of Village Sakin Chandpur Bela, P.S.- Jakkanpur, District- Patna. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Arvind Prasad Singh For the Opposite Party/s :

Mr.Syed Mojibur Rahman ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 22-02-2022 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

Learned counsel for the petitioner undertakes to remove the defects within three weeks. In the eventuality of non-removal of defects within undertaken period, the office will place the matter before the Bench.

The petitioner is apprehending his arrest in a case registered for the offence punishable under Sections 304(B) and 34 of the Indian Penal Code.

Allegation is that the accused persons including the petitioner caused death of the daughter of the informant due to non-fulfillment of demand of dowry.

It is submitted by learned counsel for the petitioner that petitioner is innocent and has been falsely implicated in this case. He submits petitioner is the Bhaisur of the deceased. He submits that similarly situated co-accused has

Patna High Court CR. MISC. No.37313 of 2021(2) dt.22-02-2022 2/2 already been granted bail by a Bench of this Court vide order dated 17.08.2021 passed in Cr. Misc. No. 37442 of 2021 in which it is mentioned that the husband of the deceased is in judicial custody. He further submits that petitioner has no criminal antecedent as stated in para-3 of this application. Learned APP for the State opposed the prayer for bail.

Considering the facts and circumstances of the case and the fact that husband of the deceased is already in judicial custody, the above named petitioner 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 the learned court below where the case is pending/successor court in connection with Jakkanpur P.S. Case No. 107 of 2021, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

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