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Patna High CourtCR. MISC./57315/2023allowed

Raja Kumar @ Raja Babu Kumar v. The State Of Bihar

2023-10-11Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.57315 of 2023 Arising Out of PS. Case No.-135 Year-2022 Thana- PUNAURA District- Sitamarhi ====================================================== 1.

RAJA KUMAR @ RAJA BABU KUMAR SON OF VISWANATH RAI VILLAGE- BHORHA, PS- RIGA, DIST- SITAMARHI 2.

SURAJ KUMAR SON OF RAM NATH RAI VILLAGE- BHORHA, PSRIGA, DIST- SITAMARHI ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ashok Kumar Jha For the Opposite Party/s :

Mr. Arun Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 11-10-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioners apprehends their arrest in a case registered for the offences punishable under Sections 304(B), 201 and 120(B)/34 of the Indian Penal Code.

3. It is alleged that the petitioners along with other coaccused persons are said to have committed the murder of the daughter of informant on the pretext of non-fulfillment of demand for dowry.

4. It is submitted by the learned counsel for the petitioners that the petitioners are quite innocent and have committed no offence. They have been falsely implicated in this case. It is submitted by learned counsel for the petitioners that the

Patna High Court CR. MISC. No.57315 of 2023(2) dt.11-10-2023 2/2 husband of the deceased is already in custody. Both the petitioners are distinct relative of the deceased and they have no concern with the day to day affair of the husband of the deceased or the deceased. There is no specific overt act against the petitioners. It is further submitted that the petitioners are person of clean antecedent.

5. Learned APP for the State opposes prayer for anticipatory bail.

6. Having regard to the facts and circumstances of the case as the husband of the deceased is already in judicial custody, let the above named petitioners, be released on bail, in the event of their 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) each with two sureties of the like amount each to the satisfaction of the learned lower Court where the case is pending/successor Court in connection with Punaura P.S. Case No. 135 of 2022, subject to the condition as laid down under Section 438 (2) of the Cr.P.C. (Anjani Kumar Sharan, J) Sudha/- U T