Arun Kumar Sharma v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No 38166 of 2023 Arising Out of PS. Case No.-313 Year-2022 Thana- BASANTPUR District- Siwan ====================================================== ARUN KUMAR SHARMA S/O SATYENDRA SHARMA R/O Vill. Basaon, Nagri Tola, PS. Basantpur, Dist. Siwan ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr Bijay Prakash Singh, Advocate For the Opposite Party/s :

Ms Sangeeta Sharma, APP ====================================================== CORAM: HONOURABLE MR JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 29-08-2023 Heard learned counsel for the petitioner and the learned APP.

2 The petitioner apprehends arrest in Basantpur PS Case No 313 of 2022 registered for the offence punishable under Sections 304B, 498A of Indian Penal Code. 3 As per the prosecution case, all the FIR named accused persons along with this petitioner have tortured and killed the daughter of the informant by pressing her neck due to non-fulfillment of demand of dowry.

4 Learned counsel for the petitioner submits that the petitioner is brother-in-law of the deceased and has falsely been implicated in this case. Allegation against him is general and omnibus. He is separate in mess and property and is not

Patna High Court CR. MISC. No.38166 of 2023(6) dt.29-08-2023 2/2 concerned with the family affairs of the deceased and her husband. He bears clean antecedent. It is further submitted that the husband of the deceased is already in custody. 5 Learned APP has vehemently opposed the prayer for anticipatory bail.

6 Considering the rival submissions, in the event of arrest/surrender within a period of six weeks from today, the petitioner above named be enlarged on bail on his furnishing bonds of Rs 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Additional Chief Judicial Magistrate X, Siwan in Basantpur PS Case No 313 of 2022 subject to the conditions as laid down in Section 438 (2) of the Code of Criminal Procedure.

(Prabhat Kumar Singh, J) M.E.H./- U T