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Patna High CourtCR. MISC./2543/2021allowed

Kanhai Singh @ Kanhaiya Singh v. The State Of Bihar

2021-03-16Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.2543 of 2021 Arising Out of PS. Case No.-26 Year-2020 Thana- MALI District- Aurangabad ====================================================== KANHAI SINGH @ KANHAIYA SINGH Son of Late Mahabir Singh Resident of Village and P.S.- Mali, Distt- Aurangabad. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sanjay Kumar, Adv.

For the Opposite Party/s :

Mr.Tarkeshwar Nath Thakur, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 16-03-2021 Heard learned counsel for the petitioner and learned APP for the State.

Learned counsel for the petitioner undertakes to remove the defects as pointed out by the office within four weeks of normal functioning of the court, failing which the office is directed to place the matter before the Bench. The petitioner seeks bail in a case registered for the offence punishable under Sections 304(B)/34 of the Indian Penal Code.

Allegation against the petitioner alongwith his family members is said to have killed the daughter of the informant due to non-fulfillment of demand of dowry.

Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this

Patna High Court CR. MISC. No.2543 of 2021(2) dt.16-03-2021 2/2 case. He further submits that the petitioner is father-in-law of the deceased and he is aged about 72 years old. The petitioner is languishing in judicial custody since 09.07.2020. The petitioner has got no criminal antecedent which is mentioned in para 3 of the bail petition. He further submits that after investigation the police has submitted charge sheet u/s 304(B) but the learned Magistrate has taken cognizance under Section 306 of the I.P.C. Learned APP for the State opposes the prayer for bail of the petitioner.

Considering the aforesaid facts and circumstances of the case, let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 25,000/- (Rupees twenty five thousand) with two sureties of the like amount each in connection with Mali P.S. Case No. 26/2020 to the satisfaction of learned Court below where the case is pending. (Anjani Kumar Sharan, J) amitkumar/- U T