Baiju Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.34081 of 2023 Arising Out of PS. Case No.-638 Year-2014 Thana- SITAMARHI District- Sitamarhi ====================================================== Baiju Singh S/O Ram Balak Singh R/O Village- Bhashar Machhahan, Tole Satmachha, P.S- Sitamarhi, Distt.- Sitamarhi (Bihar). ... ... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s :

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

Mr.Shantanu Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 07-07-2023 Heard learned counsel for the petitioner and learned APP for the State.

The earlier anticipatory bail of the petitioner was rejected by a Co-ordinate Bench of this Court vide order dated 12.10.2015. This is the second anticipatory bail filed on behalf of the petitioner.

The petitioner is apprehending his arrest in a case registered under Sections 323, 498A, 304(B), 201, 366/34 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-fulfilment of demand of dowry.

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

Patna High Court CR. MISC. No.34081 of 2023(2) dt.07-07-2023 2/2 has falsely been implicated in the present case. It has further been submitted on behalf of the petitioner that a petition has been filed in the court below by the informant, where he has retracted from his earlier statement. The said petition is Annexure 3 to the present application.

On behalf of the State, it is submitted that the petitioner is named in the complaint case/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 Court below/concerned Court in connection with Sitamarhi P.S. case No.638 of 2014, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. The petitioner is directed to co-operate during the trial. If the petitioner does not co-operate during the trial, the court below will be at liberty to cancel the bail bonds of the petitioner. (Sudhir Singh, J) Narendra/Vikash U T