Vijay Shankar Pathak v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.1431 of 2021 Arising Out of PS. Case No.-326 Year-2020 Thana- SONHAN District- Kaimur (Bhabua) ====================================================== 1.

Vijay Shankar Pathak, (M), age about 58 years, Son Of Kedar Pathak, Village Pokhara , P.S. Sonhan , District Kaimur at Bhabua. 2.

Chhotu Pathak, (M), age asbout 24 years, Son Of Vijay Shankar Pathak, Resident Of Village- Pokhara, P.S.- Sonhan, District- Kaimur at Bhabua. ... ... Petitioners

Versus

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

For the Petitioners :

Mr.Tribhuwan Narayan, Advocate.

For the Opposite Party :

Mr.A.G ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 23-06-2021 Learned counsel for the petitioners is directed to remove the defects, as pointed out by the office, within a period of four weeks from the date of restoration of normalcy. Heard learned counsel for the petitioners and learned A.P.P. for the State through Virtual mode.

The petitioners are apprehending their arrest in a case for the offence registered under Sections 304(B)/34 of the I.P.C. The prosecution story, in brief, is that the accused persons including the petitioners killed the victim due to nonfulfilment of demand of dowry. It has been submitted by learned counsel for the petitioners that the petitioners have got no criminal antecedent.

Patna High Court CR. MISC. No.1431 of 2021(2) dt.23-06-2021 2/3 There is no allegation of tampering with the witnesses alleged against the petitioners. The petitioners have falsely been implicated in the present case. The petitioner no. 1 is the fatherin-law and the petitioner no. 2 is the brother-in-law (Bhaisur) of the deceased. They are separate in mess and property from the husband of the deceased. They have got no concern with the alleged occurrence.

On behalf of the learned counsel for the State, it has been submitted that the petitioners are named in the F.I.R/ complaint case.

Considering the aforesaid facts and circumstances of the case, let the petitioners above named, in the event of arrest or surrender before the learned court below within a period of twelve weeks from today, be released on anticipatory bail on their personal bond to the satisfaction of the learned C.J.M. Kaimur at Bhabua, in connection with Bhabua (Sonhan) P.S. Case No. 326 of 2020, G.R. No. 1009/20, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

Once the normalcy is restored, the petitioners shall furnish bail bonds of Rs. 10,000/-(Rupees Ten Thousand) only each with two sureties of the like amount each within a period

Patna High Court CR. MISC. No.1431 of 2021(2) dt.23-06-2021 3/3 of eight weeks to the satisfaction of the court concerned in connection with the aforesaid case.

(Sudhir Singh, J) U.K./- U T