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Patna High CourtCR. MISC./32624/2023allowed

Shivnath Prasad v. The State Of Bihar

2023-11-28Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.32624 of 2023 Arising Out of PS. Case No.-219 Year-2021 Thana- JAKKANPUR District- Patna ====================================================== Shivnath Prasad Son Of Ayodhya Rai Resident Of Mohalla - Bigrahpur, P.S.- Jakkanpur, District - Patna.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rahul Rathour For the Opposite Party/s :

Mr.Shahabuddin Azeem @ S. Azeem ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 28-11-2023 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

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

3. Petitioner along with other accused persons are said to have committed murder of the daughter of the informant by throwing her from the roof.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. He submits that the petitioner is the father-in-law of the deceased. He submits that the husband of the deceased has already been granted bail by this court vide order dated 18.09.2023 passed in Cr. Misc. No. 32185 of 2023. He submits that the other co-accused persons have already been granted bail

Patna High Court CR. MISC. No.32624 of 2023(4) dt.28-11-2023 2/2 by a Coordinate Bench of this Court. He further submits that petitioner has no criminal antecedent as stated in para-3 of the bail application.

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

6. Considering the facts and circumstances of the case, let 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. 219 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