Chandan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.65151 of 2023 Arising Out of PS. Case No.-47 Year-2023 Thana- SIKTA District- West Champaran ====================================================== 1.

Chandan Kumar S/O Kari Sah Resident Of Village-Sukul Tola Sikta Gram, P.S.-Sikta, Distt.-West Champaran.

2.

Kari Sah S/O Late Hira Sah Resident Of Village-Sukul Tola Sikta Gram, P.S.-Sikta, Distt.-West Champaran.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Gauri Shankar Thakur, Advocate For the Opposite Party/s :

Mr.Bharat Lal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 22-11-2023 Learned counsel for the petitioners is permitted to remove the defect(s), as pointed out by the office, if any, within a period of three weeks from today.

2. Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.

3. The petitioners are apprehending their arrest in connection with Sikta P.S. Case No. 47 of 2023 dated 18.04.2023 registered for the offence punishable u/s 304B read with 34 of the Indian Penal Code.

4. As per the prosecution case, the petitioners and the co-accused persons are alleged to have strangulated the daughter of the informant to death.

5. Learned counsel for the petitioners has submitted

Patna High Court CR. MISC. No.65151 of 2023(3) dt.22-11-2023 2/2 that the petitioners have falsely been implicated in this case. The petitioners have no criminal antecedent as stated in para 3 of the bail petition. There is general and omnibus allegation against the petitioners. The petitioner neither demanded any dowry nor tortured the daughter of the informant. The petitioner No. 1 is brother-in-law and the petitioner No. 2 is father-in-law of the deceased.

6. Learned A.P.P. for the State has vehemently opposed the prayer of anticipatory bail of the petitioners.

7. Considering the aforesaid facts and circumstances of the case as well as the allegation being general and omnibus, let the above named petitioners, in the event of their arrest/surrender within a period of six weeks from today, be enlarged on anticipatory bail on furnishing bail-bond of Rs. 20,000/- (Rupees Twenty thousand) each with two sureties of the like amount each to the satisfaction of learned Court concerned, Bettiah, West Champaran in connection with Sikta P.S. Case No. 47 of 2023, subject to conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

8. This application stands allowed.

atul/- (Chandra Prakash Singh, J) U T