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Patna High CourtCR. MISC./59358/2023allowed

Satyajit Kumar @ Satyajit Kumar Paswan v. The State Of Bihar

2023-12-18Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.59358 of 2023 Arising Out of PS. Case No.-39 Year-2022 Thana- SARE District- Nalanda ====================================================== SATYAJIT KUMAR @ SATYAJIT KUMAR PASWAN SON OF LATE SUMER PASWAN VILL BELAURI PS AND DIST LAKHISARAI ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Ms. Kumari Rashmi For the Opposite Party/s :

Mr. Syed Mojibur Rahman Mr. Pramod Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 18-12-2023 Heard the parties.

2. The petitioner apprehends his arrest in a case registered for the offence punishable under Sections 304B, 34 of the Indian Penal Code.

3. Allegedly, the petitioner demanded dowry from the informant's daughter due to which she got depressed and committed suicide.

4. It is submitted by learned counsel for the petitioner that petitioner is quite innocent and have committed no offence. He has been falsely implicated in this case. No such occurrence, in the manner as alleged, has ever taken place. The allegation levelled against the petitioner is not specific rather general and omnibus in nature. There is no specific overt act against the petitioner. He submits that the deceased committed suicide by

Patna High Court CR. MISC. No.59358 of 2023(3) dt.18-12-2023 2/2 hanging herself in her maike. The petitioner is presently posted in C.R.P.F. at Bijapur, Chattisgarh and at the time of occurrence he was posted at CTC-Neemuch, Madhya Pradesh and he had been sent for physical training for twelve weeks (Annexure-3). Petitioner has no criminal antecedent.

5. Learned APP for the State as well as learned counsel for the informant opposed the prayer for anticipatory bail.

6. Having regard to the facts and circumstances of the case as there is no specific overt act against the petitioner, let the above named petitioner, be released on bail, in the event of his/her 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) 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 Sare P.S. Case No.39 of 2022, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Anjani Kumar Sharan, J) shikha/- U T