Arun Patel @ Aklu Patel v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.42135 of 2023 Arising Out of PS. Case No.-151 Year-2021 Thana- SIKTA District- West Champaran ====================================================== ARUN PATEL @ AKLU PATEL son of Late Kapildeo Patel Villagemangalpur Ps- Sikta Dist- West Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mrs. Archana Jha, Advocate For the Opposite Party/s :

Mr. Binod Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 05-07-2023 Learned counsel for the petitioner is permitted to remove defect (s), as pointed out by the office, if any, within a period of four weeks on resumption of physical mode. Heard learned counsel for the petitioner and learned A.P.P for the State.

The petitioner has preferred this application for grant of regular bail in connection with Sikta P.S. Case No. 151 of 2021 dated 27.12.2021 registered for the offences punishable u/ss 302 and 201 read with section 34 of the Indian Penal Code. As per the prosecution case, the petitioner and the coaccused persons are alleged to have committed murder of the sister-in-law (nanad) of the informant due to non-fulfillment of demand of dowry and burned her body in order to conceal the

Patna High Court CR. MISC. No.42135 of 2023(2) dt.05-07-2023 2/3 evidence.

Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. The petitioner is the husband of the deceased. The marriage of the sister-in-law of the informant was solemnized with the petitioner about 25 years back. There is general and omnibus allegation against the petitioner. The petitioner has clean antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 06.06.2022.

Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner by submitting that earlier the regular bail petition of the petitioner was rejected by this Court vide order dated 12.12.2022 passed in Cr. Misc. No. 50555 of 2022.

Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner abovenamed, is directed to 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 learned Court concerned, Bettiah, West Champaran in connection with Sikta P.S. Case No. 151 of 2021, with the condition/s:-

1. The petitioner is directed to remain physically

Patna High Court CR. MISC. No.42135 of 2023(2) dt.05-07-2023 3/3 present before the learned Court below on each and every date, failing which on two consecutive dates without reasonable cause, the bail bond of the petitioner is liable to be cancelled. The application stands allowed.

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