Kameshwar Jee Prasad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.32111 of 2023 Arising Out of PS. Case No.-486 Year-2021 Thana- JAGDISHPUR District- Bhojpur ====================================================== KAMESHWAR JEE PRASAD Son of Late Heera Lal Prasad @ Heera Lal Singh Resident of village - Naya Bhojpur, P.S. - Dumraon, Distt. - Buxar, Bihar, Pin code - 802133 ... ... Petitioner

Versus

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

For the Petitioner/s :

Mr. Amarendra Kumar Pathak For the Opposite Party/s :

Mr. Ajay Kumar Jha ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 24-06-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is apprehending his arrest in a case registered for the offence punishable under Sections 341, 323, 324, 307, 326 and 498(A)/34 of the Indian Penal Code, 3⁄4 of the D.P. Act and further added Section 304B of the Indian Penal Code pending in the learned court below.

As per the prosecution case, all the accused persons including the petitioner have burnt the daughter of the informant with intention to kill her for want of dowry. Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. He further submits that the petitioner is the maternal uncle of the husband of the victim. He submits that there is no specific

Patna High Court CR. MISC. No.32111 of 2023(2) dt.24-06-2023 2/2 overt act against the petitioner. He further submits that similarly situated other co-accused person has already been granted bail by a Coordinate Bench of this Court vide order dated 09.01.2023 passed in Cr. Misc. No. 34095/2022. He further submits that petitioner has got no criminal antecedent as stated in para-3 of the bail application.

Learned APP for the State opposes for prayer for bail. Considering the aforesaid facts and circumstances and the fact that there is no specific overt act against the petitioner, let the petitioner, named above, in the event of his arrest/surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail, on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount to the satisfaction of the learned Court below, where the case is pending/Successor court, in connection with Jagdishpur P.S. Case No.486/2021, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

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