Khurshid Alam v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.67560 of 2022 Arising Out of PS. Case No.-14 Year-2020 Thana- DUMARIAGHAT District- East Champaran ====================================================== KHURSHID ALAM S/o Bhola Mian R/o Village- Sareya Baduraha, P.S.- Dumaria Ghat, Dist- East Champaran.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Shakil Ahmad Khan For the Opposite Party/s :

Mr. Ram Sevak Choudhary ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 10-04-2023 Heard the parties.

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

As per the allegation, the petitioner in furtherance of common intention have committed murder of informant's sister due to non-fulfillment of demand of dowry.

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

Patna High Court CR. MISC. No.67560 of 2022(3) dt.10-04-2023 2/2 petitioner. He further submits that after investigation, police has filed final form against the petitioner but differing with the same learned court below took cognizance against the petitioner. Petitioner has no criminal antecedent.

Learned APP for the State opposed the prayer for anticipatory bail.

Having regard to the facts and circumstances of the case, 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 Dumaria Ghat Case No.14 of 2020, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Anjani Kumar Sharan, J) shikha/- U T