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Patna High CourtCR. MISC./59629/2024bail granted

Pradip Kumar v. The State Of Bihar

2024-09-06Mr. Justice Shailendra Singh3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.59629 of 2024 Arising Out of PS. Case No.-350 Year-2022 Thana- SANGRAMPUR District- East Champaran ====================================================== Pradip Kumar, S/O Arjun Sahani R/O Village- Madhubani, P.S-Sangrampur, District- East Champaran, Motihari.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Arvind Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 06-09-2024

1. Heard learned counsel for the petitioner and the learned APP for the State.

2. The petitioner apprehends his arrest in connection with Sangrampur P.S. Case No. 350 of 2022 dated 21.10.2022 registered for the offence(s) punishable under Section(s) 304B, 302, 120 read with Section 34 of the Indian Penal Code.

3. Mr. Rajesh Kumar, learned counsel appearing for the petitioner submits that the petitioner is brother of the husband of the deceased and he has been falsely implicated in the alleged occurrence, in fact, he was not present at the place of occurrence at the alleged time rather he was in Hyderabad for the purpose of his livelihood and he has fair and clean antecedent and the mother-in-law and father-in-law of the

Patna High Court CR. MISC. No.59629 of 2024(2) dt.06-09-2024 2/3 deceased have been granted anticipatory bail by the learned coordinate bench of this court vide order dated 11.08.2023 passed in Cr. Misc. No. 36046 of 2023 and the petitioner's case stands on similar footing with the said co-accused persons. It is further submitted that the husband of the deceased is in judicial custody and the petitioner had no concern with all affairs of the deceased's husband during the relevant time of the commission of the alleged occurrence and he is a young person.

4. Learned APP appearing for the State has opposed the bail prayer.

5. Considering the above submissions and mainly taking into account the privilege of bail having been granted to the father-in-law and mother-in-law of the deceased by the learned co-ordinate bench of this court and the petitioner's case stands on similar footing with the said co-accused, in my opinion, the petitioner also deserves to the privilege of anticipatory bail. Accordingly, let the petitioner named-above, in the event of his arrest/surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail in connection with Sangrampur P.S. Case No. 350 of 2022 on furnishing bail bond of Rs.10,000/-(Ten Thousand) with two sureties of the like amount each to the

Patna High Court CR. MISC. No.59629 of 2024(2) dt.06-09-2024 3/3 satisfaction of the Court concerned, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Shailendra Singh, J) Rajiv/- U T