Dhiraj Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.44343 of 2023 Arising Out of PS. Case No.-155 Year-2022 Thana- TARIYANI CHOWK District- Sheohar ====================================================== DHIRAJ KUMAR Son of Radhey Rai Resident of village- Fajilpur, P.S. - Rajepur, Distt. - East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Devendra Kumar, Advocate For the Opposite Party/s :

Mr. Nityanand, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 07-12-2023 Learned counsel for the petitioner is permitted to remove the defect(s), as pointed out by the office, if any, within a period of three weeks from today.

2. Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

3. The petitioner is apprehending his arrest in a case in connection with Tariyani P.S. Case No. 155 of 2022 dated 06.05.2022 registered for the offence/s punishable u/ss 302 and 201 read with section 34 of the Indian Penal Code.

4. As per the prosecution case, the petitioner and the coaccused persons are alleged to have committed murder of the informant's daughter by pouring acid on her face and threw her dead body in the maize field.

5. Learned counsel for the petitioner has submitted that

Patna High Court CR. MISC. No.44343 of 2023(5) dt.07-12-2023 2/2 the petitioner has falsely been implicated in this case. The petitioner is not named in the FIR. The name of the petitioner has sprung up in the confessional statement of the co-accused Anand Kumar @ Anand Yadav. There is no eyewitness to the alleged occurrence. The specific allegation is against the co-accused Ritesh Kumar. The petitioner has no criminal antecedent as stated at para 3 of the bail petition.

6. Learned A.P.P. for the State has vehemently opposed the anticipatory bail petition of the petitioner.

7. Considering the aforesaid facts and circumstances of the case as well as being no specific allegation against the petitioner, let the above named petitioner, in the event of his arrest/surrender within a period of six weeks from today, be enlarged on bail on furnishing bail-bond of Rs. 20,000/- (Rupees twenty thousand) with two sureties of the like amount each to the satisfaction of the learned court concerned, Sheohar in connection with Tariyani P.S. Case No. 155 of 2022, subject to conditions as laid down under section 438(2) of the Code of Criminal Procedure.

8. The application stands allowed.

(Chandra Prakash Singh, J) guddukr/- U T