Kaka @ Dharmendra v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.57344 of 2023 Arising Out of PS. Case No.-139 Year-2023 Thana- SONEPUR District- Saran ====================================================== 1.

Kaka @ Dharmendra, Male, aged about 24 years, Son of Ganga Sagar Ray Resident of Village - Chaunkia, Police Station - Ganga Bridge, District - Vaisali.

2.

Aklu Rai, Male, aged about 28 years, Son of Ganga Sagar Ray Resident of Village - Chaunkia, Police Station - Ganga Bridge, District - Vaisali ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Krishna Kumar Singh, Advocate For the State :

Mr. Arun Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 13-09-2023 Heard learned counsel for the petitioners and learned A.P.P. for the State.

2. The petitioners apprehend their arrest in connection with Sonpur P.S. Case No. 139 of 2023 dated 01.03.2023 instituted under Sections 302 and 201/34 of the Indian Penal Code.

3. As per the prosecution case, the allegation against the accused persons including the petitioners is that they have threatened the son of the informant for compromise in a

Patna High Court CR. MISC. No.57344 of 2023(2) dt.13-09-2023 2/3 previous case and also killed the son of the informant.

4. Learned counsel for the petitioners submits that the petitioners are innocent and have been falsely implicated in this case due to previous enmity. Earlier, there is a case and counter case between the parties with respect to daughter-inlaw of the informant and due to the said previous enmity, the informant falsely implicated the petitioners along with the entire family members. During investigation also three accused persons have been exonerated by the police and both the parties are agnates. Learned counsel further submits that there is nothing material against the petitioners. There is no eye witness to the occurrence and the petitioners have no concern with the said occurrence. Petitioners have one criminal antecedent in which he is on bail.

5. Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioners.

6. Considering the facts and circumstances of the case and submissions of learned counsel for the parties, in the event of arrest or surrender before the Court below within six weeks from today, the petitioners be released on bail upon furnishing bail bonds of Rs.10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Chief

Patna High Court CR. MISC. No.57344 of 2023(2) dt.13-09-2023 3/3 Judicial Magistrate, Chapra in Sonpur P.S. Case No. 139 of 2023, subject to the conditions laid down in Section 438(2) of the Code of Criminal Procedure, 1973.

(Sunil Dutta Mishra, J) P. Kumar U T