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Patna High CourtCR. MISC./45185/2023allowed

Aakash Kumar @ Kunal v. The State Of Bihar

2023-12-05Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.45185 of 2023 Arising Out of PS. Case No.-467 Year-2021 Thana- PARBATTA District- Khagaria ====================================================== Aakash Kumar @ Kunal Son Of Sunil Yadav Resident Of Village - Araria, P.S. - Parbatta (Maraiya O.P.), District - Khagaria ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Aditya Mishra, Advocate For the Opposite Party/s :

Mr. Vinod Shanker Modi, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 05-12-2023 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 304(B)/34 of the Indian Penal Code, 1860.

3. It is submitted by learned counsel for the petitioner that no such occurrence as alleged ever took place. Petitioner has been falsely implicated in this case. The allegation levelled against the petitioner is not specific rather general and omnibus in nature. Petitioner is brother-in-law (bhaisur) of the deceased moreover the petitioner has been living separately with his family. It is further submitted that the husband of the deceased has been granted regular bail by a Co-ordinate Bench of this Court. Petitioner has no criminal antecedent as mentioned in

Patna High Court CR. MISC. No.45185 of 2023(3) dt.05-12-2023 2/2 para-3 of this application.

4. Learned APP for the State opposed the prayer for bail.

5. Having regard to the facts and circumstances of the case, considering there is no overt act against the petitioner, let the above named petitioner, be released on bail, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of the learned lower Court where the case is pending/successor Court in connection with Parbatta (Maraiya O.P.) P.S. Case No.467 of 2021, subject to the condition as laid down under Section 438

(2) of the Cr.P.C.

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