Dilip Singh @ Dilip Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.38523 of 2024 Arising Out of PS. Case No.-177 Year-2021 Thana- FATUA District- Patna ====================================================== Dilip Singh @ Dilip Kumar Son of Ramashraya Singh Resident of VillageJaggubigha, P.S -Fatuha, District- Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Vijay Anand, Adv.

For the Opposite Party/s :

Mr. Shyam Kumar Singh, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 31-08-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 302, 147, 148, 149 of the Indian Penal Code and Section 27 of the Arms Act.

3. Learned counsel for the petitioner submits that petitioner is a persons with clean antecedent and the informant alleged that one Chandan Kumar earlier had tried to kidnap his minor daughter aged about 12 years which was protested, hence all the accused persons including the petitioner came and Kundan Kumar shot his wife on head leading to her death. It is further submitted that on perusal of the allegation as alleged in the FIR it would manifest that the specific allegation of firing is

Patna High Court CR. MISC. No.38523 of 2024(2) dt.31-08-2024 2/3 against Kundan Kumar. It is next submitted that petitioner is falsely implicated in the instant case by the informant. It is further submitted that specific allegation of firing causing death of wife of the informant is against Kundan Kumar. It is next submitted that since the petitioner is related to Chandan Kumar as such he has been implicated in the instant case. It is also submitted that the petitioner would not abscond rather will cooperate in the investigation to prove his innocence.

4. Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner.

5. Considering the submissions made by the learned counsel for the petitioner, the petitioner above-named, in the event of his arrest or surrender before the learned trial court within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned trial court where the case is pending/successor court in connection with Fatuha P.S. Case No. 177 of 2021 subject to the conditions as laid down under Section 438(2) of the Cr.P.C..

7. However, in the event if the Investigating Officer of the case files an application before the learned trial court

Patna High Court CR. MISC. No.38523 of 2024(2) dt.31-08-2024 3/3 bringing to its notice that petitioner has given assurance to this Court is not co-operating in the investigation, in that event the learned trial court shall be at liberty to cancel the bail bonds of the petitioner.

Let a copy of this order be sent to the concerned police station.

(Satyavrat Verma, J) annpurna/- U T