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Patna High CourtCR. MISC./63131/2024allowed

Amindar @ Amindar Sah v. The State Of Bihar

2024-11-22Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.63131 of 2024 Arising Out of PS. Case No.-55 Year-2021 Thana- PHULWARIYA District- Gopalganj ====================================================== 1.

AMINDAR @ AMINDAR SAH SON OF SHYAMA SAH RESIDENT OF KAMLA KANT KARARIYA @ BAHRI, POLICE STATION - PHULWARIA, DISTRICT - GOPALGANJ 2.

KAMLAVATI DEVI @ KALVATI DEVI WIFE OF AMINDER SAH RESIDENT OF KAMLA KANT KARARIYA @ BAHRI, POLICE STATION - PHULWARIA, DISTRICT - GOPALGANJ ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Kumar Harshvardhan, Adv.

For the State :

Mr.Dilip Kumar No.1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 22-11-2024 Heard Mr. Kumar Harshvardhan, learned counsel for the petitioner and Mr. Dilip Kumar No.1, learned APP for the State. 2.

Vide order dated 04.10.2024, this application with regard to petitioner no.2 was dismissed as not pressed. 3.

The petitioner no.1 apprehends his arrest in a case registered for the offence punishable u/s 304(B)/34 of the IPC. 4.

The allegation against the petitioner is that he along with other accused persons have killed the daughter of the informant due to non-fulfillment of demand of dowry.

5.

It is submitted by learned counsel for the petitioner that petitioner is quite innocent and has committed no offence. She has been falsely implicated in this case due to grudge. No such

Patna High Court CR. MISC. No.63131 of 2024(3) dt.22-11-2024 2/2 occurrence, in the manner as alleged, has ever taken place. The allegation leveled against the petitioner is not specific rather general and omnibus in nature. Petitioner is the father-in-law of the deceased and during investigation, the police has not collected any material against him. Petitioner has no criminal antecedent.

6.

Learned APP for the State opposed the prayer for bail. 7.

Having regard to the facts and circumstances of the case, 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 Phulwaria P.S. Case No.55 of 2021, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Anjani Kumar Sharan, J) pallavi/- U T