Amit Choudhary @ Amit Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.59948 of 2024 Arising Out of PS. Case No.-208 Year-2024 Thana- KATIHAR NAGAR District- Katihar ====================================================== Amit Choudhary @ Amit Kumar, Son of Ashok Kumar Ram @ Ashok Ram R/O Tearpara, Ward no. 21, P.S.- Katihar Nagar, Dist.- Katihar. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Sanjeev Kumar Singh For the Opposite Party/s :
MsMadhuri Lata ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 19-09-2024
1. Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner seeks bail in anticipation of his arrest in a case registered for the offences punishable under Sections 302, 304(B)/ 34 of the Indian Penal Code and Sections 3 and 4 of the D. P. Act.
3. The learned counsel for the petitioner submits that the petitioner is a person with clean antecedent and the informant alleges that her daughter married Ashutosh Ghosh about four months back and the marriage was a love marriage. Further, after marriage, Ashutosh was demanding of Rs.5 lacs by way of dowry and on account of non-fulfilment of the dowry demand, her daughter was killed by strangulating her. Accordingly, the informant after coming to know about the
Patna High Court CR. MISC. No.59948 of 2024(2) dt.19-09-2024 2/3 occurrence, reached the place of occurrence and found her daughter's dead body lying in the house.
4. The learned counsel for the petitioner submits that petitioner, being step father in-law of the deceased, has been falsely implicated in the instant case by the informant. It is next submitted that from perusal of the allegation as alleged in the FIR, it would manifest that the thrust of the allegation of demanding dowry is against Ashutosh. It is further submitted that mother of Ashutosh was a widow, as such, she married the petitioner and thereafter, the petitioner along with mother of Ashotosh are staying in their separate home and they do not have any concern with Ashotush in his day to day affair of life. It is also submitted that mother in-law of the deceased Sangita Kumari @ Sangita Ghosh had moved this Court seeking anticipatory bail application by filing Cr. Misc. No.56994 of 2024 and the same was allowed by an order dated 06.08.2024. It is thus submitted that case of the petitioner is on a similar footing and thus, seeks anticipatory bail application based on parity. It is also submitted that Ashutosh is in custody.
5. Learned A.P.P. opposes the anticipatory bail application.
6. Considering the submissions made by the learned
Patna High Court CR. MISC. No.59948 of 2024(2) dt.19-09-2024 3/3 counsel for the petitioner, the petitioner, above-named, in the event of his arrest or surrender before the learned Court below within a period of six weeks, is directed to be released on bail on his furnishing bail-bonds in the sum of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned C.J.M., Katihar in connection with Katihar Nagar P. S. Case No.208 of 2024, subject to the conditions laid down under Section 438(2) of the Cr.P.C.
7. The application stands allowed.
vikash/- (Satyavrat Verma, J) U T