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Patna High CourtCR. MISC./37119/2024allowed

Biru Kumar @ Bir Arora v. The State Of Bihar

2024-05-17Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.37119 of 2024 Arising Out of PS. Case No.-126 Year-2023 Thana- BRAHMPURA District- Muzaffarpur ====================================================== Biru Kumar @ Bir Arora S/o Lakhindra Sah R/o vill - Birahima, P.S. - Baruraj, Distt.- Muzaffarpur (Bihar) ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Shivnath Sah S/o Late Babu Ghana Sah R/o vill - Phulwaria, P.S. - Paroo, Distt. - Muzaffarpur (Bihar) ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Arun Kumar For the Opposite Party/s :

Mr. Rajendra Prasad Nat ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 17-05-2024 Heard learned counsel for the petitioner, learned APP for the State and learned counsel for the informant.

2. The petitioner seeks bail in a case registered for the offence punishable under Sections 341, 323, 504, 506, 304(B), 498(A) of the Indian Penal Code.

3. As per the prosecution case, the petitioner along with other co-accused persons are said to have killed the daughter of the informant due to non-fulfillment of dowry demand.

4. Learned counsel for the petitioner submits that petitioner is is quite innocent and has been falsely implicated in this case. The allegation levelled against the petitioner is not

Patna High Court CR. MISC. No.37119 of 2024(2) dt.17-05-2024 2/2 specific rather general and omnibus in nature. He submits that petitioner is not named in the F.I.R., nor any incriminating articles have been recovered from the possession of the petitioner, his name came in the supervision of the police. He further submits that the petitioner is not family member of the husband of the deceased. The petitioner has no criminal antecedent and has been languishing in custody since 06.03.2024.

5. Learned APP for the State and learned counsel for the informant opposed the bail petition.

6. Considering the facts aforesaid and the fact that the petitioner is not family member of the husband of the deceased, the above named petitioner is directed to 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 Brahampura P.S. Case No. 126 of 2023.

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