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Patna High CourtCR. MISC./61713/2024allowed

Kashi Nath Sahu @ Kashi Nath Sah v. The State Of Bihar

2024-08-23Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.61713 of 2024 Arising Out of PS. Case No.-59 Year-2022 Thana- MURAR District- Buxar ====================================================== 1.

Kashi Nath Sahu @ Kashi Nath Sah Son Of Late Basawan Sahu VillageAmsari, Ps- Murar, Dist- Buxar 2.

Manoj Sah Son Of Kashi Nath Sahu @ Kashi Nath Sah Village- Amsari, PsMurar, Dist- Buxar 3.

Sanoj Gupta @ Chhotelal Gupta @ Sanoj Sah Son Of Kashi Nath Sahu @ Kashi Nath Sah Village- Amsari, Ps- Murar, Dist- Buxar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ravi Shankar Pathak For the Opposite Party/s :

Mr. Dilip Kumar No. 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 23-08-2024 Heard Ravi Shankar Pathak, learned counsel for the petitioners and Mr. Dilip Kumar No. 1, learned Additional Public Prosecutor for the State.

2. The petitioners are apprehending their arrest in a case registered for the offence punishable under Sections 304(B)/34 of the Indian Penal Code.

3. Petitioners along with other accused persons are said to have killed daughter of the informant by strangulating her.

4. Learned counsel for the petitioners submits that the petitioners are innocent and have been falsely implicated in this case. He submits that the petitioner no. 1 is father-in-law

Patna High Court CR. MISC. No.61713 of 2024(2) dt.23-08-2024 2/2 and petitioner nos. 2 and 3 are brother-in-law of the deceased. He submits that there is no specific overt act against the petitioners. He submits that after investigation police has submitted the final form against the petitioners but the learned court below took cognizance against them. He further submits that petitioners have no criminal antecedent as stated in para-3 of the bail application.

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

6. Considering the facts and circumstances of the case, let the above named petitioners in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, be enlarged on bail 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 court below where the case is pending/successor court in connection with Murar P.S. Case No. 59 of 2022, subject to the condition as laid down under Section 438 (2) of the Cr.P.C. (Anjani Kumar Sharan, J) devendra/- U T