Gaurav Kumar @ Gaurav Kumar Jaiswal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.57971 of 2022 Arising Out of PS. Case No.-163 Year-2022 Thana- CHHAURADANO District- East Champaran ====================================================== 1.

Gaurav Kumar @ Gaurav Kumar Jaiswal S/O Jay Prakash Jaiswal @ Jay Prakash Prasad Jaiswal Resident Of Village- Chhauradano, Ward No.- 1 , P.S.- Chhauradano, District- East Champaran 2.

Dhiraj Kumar @ Sujit Kumar S/O Vidya Patel @ Vidha Raut Resident Of Village- Bhakri, P.S.- Adapur, District- East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Abhishek Kumar, Advocate For the Opposite Party/s :

Mr.Uday Chand Prasad, A.P.P ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 06-02-2023 Learned counsel for the petitioners is permitted to remove the defect(s), as pointed out by the office, if any, within a period of three weeks from today.

Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.

The petitioners are apprehending their arrest in a case registered for the offences punishable u/s 302, 201 and 120B read with 34 of the Indian Penal Code.

As per prosecution case, the informant along with her husband works as a dancer in an orchestra. Dancer Rakhi Sardar along with her husband lives with her. On 28.05.2022 they quarreled with each other. The owner of the orchestra Gaurav

Patna High Court CR. MISC. No.57971 of 2022(5) dt.06-02-2023 2/3 Kumar Jaiswal and the manager of the said orchestra Dheeraj Kumar helped Sagar Sardar @ Rocky in killing his wife by strangulation and the petitioners and co-accused helped in disappearing the dead body with a view to screen from legal punishment.

Learned counsel for the petitioners has submitted that the petitioners have falsely been implicated in this case. The petitioners have no criminal antecedent as stated in para 3 of the bail petition. The petitioner No. 1 is the owner of the orchestra and the petitioner No. 2 is the manager of the orchestra. The petitioners have no concern with the family affairs of the deceased. There is general and omnibus allegation against the petitioners.

Learned A.P.P. for the State has vehemently opposed the prayer of anticipatory bail of the petitioners. Considering the aforesaid facts and circumstances of the case as well as the general and omnibus allegation against the petitioners, let the above named petitioners, in the event of their arrest/surrender within a period of six weeks from today, be enlarged on anticipatory bail on furnishing bail-bond of Rs. 20,000/- (Rupees Twenty thousand) each with two sureties of the like amount each to the satisfaction of learned court concerned, Raxual, Motihari, East Champaran in connection with Chhauradano P.S. Case No. 163 of 2022, subject to

Patna High Court CR. MISC. No.57971 of 2022(5) dt.06-02-2023 3/3 conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

This application stands allowed.

atul/- (Chandra Prakash Singh, J) U T