Patna High CourtCR. MISC./67856/2023disposed

Sriram Choubey v. The State Of Bihar

2025-04-04Mr. Justice Chandra Prakash Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.67856 of 2023 Arising Out of PS. Case No.-340 Year-2020 Thana- BUXAR MUFFSIL District- Buxar ====================================================== SRIRAM CHOUBEY S/O LATE NAGINA CHOUBEY R/O VILLAGEPANDEYPATTI, P.S- BUXAR(M), DISTT.- BUXAR. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sanjay Kumar For the Opposite Party/s :

Mr.Kumar Veerendra Narayan ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 04-04-2025 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

2. The petitioner is apprehending his arrest in a case in connection with Buxar (M) P.S. Case No. 340 of 2020 dated 26.10.2020 registered for the offence/s punishable u/ss 341, 323, 379, 504, 354B, 498A read with section 34 of the Indian Penal Code.

3. As per the prosecution case, the petitioner and the co-accused persons are alleged to have tortured the victim due to non-fulfillment of demand dowry.

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in

Patna High Court CR. MISC. No.67856 of 2023(2) dt.04-04-2025 2/2 this case. There is general and omnibus allegation against the petitioner. The petitioner is the father-in-law of the victim. The petitioner neither demanded any dowry nor tortured the deceased. It is further submitted that the petitioner earlier moved before this Hon'ble Court for grant of anticipatory bail in Cr. Misc. No. 17075 of 2021 which had been allowed by the Hon'ble Mr. Justice Sudhir Singh on 07.04.2021 but the petitioner could not surrender in time and avail the privilege granted by the Hon'ble Court. Since, the petitioner was on police bail in this case, he had an impression that bail has been granted to him and now there is no need to surrender before the learned court below. The petitioner has one criminal antecedent as stated in para 3 of the bail petition.

5. Learned A.P.P. for the State has vehemently opposed the anticipatory bail petition of the petitioner and submitted that the petitioner is already on police bail so there is no apprehension of arrest hence, the anticipatory bail is not maintainable.

6. Accordingly, the bail petition is disposed of. (Chandra Prakash Singh, J) guddukr/- U T