Kanhaiya Patel v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.43773 of 2023 Arising Out of PS. Case No.-344 Year-2014 Thana- SONEPUR District- Saran ====================================================== Kanhaiya Patel S/O- Parbhu Patel Village- Narayanpur Ps- Taraiya DistSaran At Chapra ... ... Petitioner

Versus

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

For the Petitioner :

Mr. Narendra Kumar, Advocate For the Opposite Party :

Mr. Binod Kumar, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 04-08-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends arrest in connection with Sonepur P.S. Case No. 344 of 2014 dated 05.08.2014, instituted for the offence punishable under Sections 304(B)/34 of the Indian Penal Code.

3. The case of prosecution, in short, is that the informant's daughter's marriage was solemnized on 22.06.2010 with brother-in-law of the petitioner. It is alleged that her in-laws started to harass her for non-fulfillment of dowry demand and later killed her.

4. Learned counsel for the petitioner submits that the petitioner is innocent and he has falsely been implicated in this case. It is submitted that there is a specific allegation of demand

Patna High Court CR. MISC. No.43773 of 2023(2) dt.04-08-2023 2/2 of dowry against the husband of the deceased. Petitioner is the husband of the 'Nanad' of the deceased. It is further submitted that the petitioner is residing separately from his in-laws' house. Further, it is submitted that husband of the deceased, namely, Sanjay Patel @ Sanjay Kumar Patel himself surrendered before the learned Court below and now his is on default bail. Lastly, it has been submitted that he has no criminal antecedent.

5. Learned A.P.P. has opposed the prayer for bail of the petitioner.

6. Having considered the facts and circumstances of the case and submissions of learned counsel for the parties, in the event of arrest / surrender of the petitioner within a period of six weeks from today, in connection with Sonepur P.S. Case No. 344 of 2014, he shall be released on anticipatory bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate, 1st Saran at Chapra, subject to condition as laid down under Section 438(2) of the Cr.P.C.

Shanu/- (Khatim Reza, J) U T