Akhilesh Thakur v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.63429 of 2023 Arising Out of PS. Case No.-240 Year-2018 Thana- BAIKUNTHPUR District- Gopalganj ====================================================== AKHILESH THAKUR SON OF PUNIT THAKUR RESIDENT OF VILLAGE- HUSAINI TOLA, MANGALPUR, PS- KHUJIARA, DISTTEAST CHAMPARAN, MOTIHARI ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mrs. Mira Kumari, Advocate For the Opposite Party/s :
Mr. Chandra Bhushan Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 15-05-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 304B, 302 and 201/34 of the Indian Penal Code.
3. The petitioner, who is husband of the deceased, along with other co-accused is said to have killed the daughter of the informant on non-fulfillment of demand of dowry.
4. By order dated 27.02.2024, the Superintendent of Police, East Champaran at Motihari was directed to verify the genuineness of Annexure-2 of the bail petition and submit a report and later on by a detailed order dated 18.03.2024, the Superintendent of Police, East Champaran at Motihari was
Patna High Court CR. MISC. No.63429 of 2023(5) dt.15-05-2024 2/3 directed to file a counter affidavit duly sworn by him giving parawise reply of the pleadings made in the aniticipatory bail application. In compliance of the orders aforesaid, a counter affidavit has been filed in which inter alia it is stated that Annexure-2 annexed with the bail petition at page nos.21, 22 and 23 are correct.
4. It is submitted by learned counsel for the petitioner that no such occurrence as alleged ever took place. He has been falsely implicated in this case. It is further submitted that the daughter of the informant died due to septicemia. The allegation levelled against the petitioner is not specific rather general and omnibus in nature. Petitioner has no criminal antecedent as mentioned in para-3 of this application.
5. Learned APP for the State opposed the prayer for bail.
6. Having regard to the facts and circumstances of the case and the report of the Superintendent of Police, let the above named petitioner, be released on bail, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned Court below where the case is pending/successor Court in connection with
Patna High Court CR. MISC. No.63429 of 2023(5) dt.15-05-2024 3/3 Baikunthpur P.S. Case No. 240 of 2018, subject to the condition as laid down under Section 438 (2) of the Cr.P.C. (Anjani Kumar Sharan, J) Trivedi/- U