Sanoj Kumar @ Dr. S. K. Pandey @ S.K. Pandey v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.69656 of 2023 Arising Out of PS. Case No.-278 Year-2023 Thana- RAFIGANJ District- Aurangabad ====================================================== SANOJ KUMAR @ DR. S. K. PANDEY @ S.K. PANDEY S/o Late Mahavir Prajapati Resident of Village Chabura, P.S.-Anti, District-Gaya. ... ... Petitioner
Versus
The State Of Bihar ... ... Opposite Party ====================================================== Appearance :
For the Petitioner :
Mr.Rupa Kumari, Advocate For the Opposite Party :
Mr.Rita Verma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 01-11-2023 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State.
2. The petitioner apprehends his arrest in connection with Rafiganj P.S. Case No. 278 of 2023, registered for the offences punishable under Sections-363, 365, 369, 120(B)/34 of the Indian Penal Code.
3. Allegation against the petitioners is of killing the informant's daughter by strangulating her due to non-fulfillment of demand of dowry.
4. Learned counsel for the petitioner has submitted that from perusal of the FIR, no criminal liability is attracted against the petitioner. He has further submitted that the informant Ajay Vishwakarma has furnished an affidavit stating
Patna High Court CR. MISC. No.69656 of 2023(2) dt.01-11-2023 2/2 therein that his brother-in-law along with his younger brother Munna Vishwakarma has taken his second son to Gaya for treatment and new born child died in Gaya and, was buried in Falgu River, Gaya. The statement of the informant made in the affidavit shows the innocence of the petitioner.
5. On the other hand, learned Additional Public Prosecutor appearing for the State has opposed the prayer for bail.
6. Considering the above-mentioned facts and circumstances, let the petitioners, named above, in the event of their arrest or surrender within four weeks before the learned court below, be released on anticipatory bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Aurangabad in connection with Rafiganj P.S. Case No. 278 of 2023, subject to the conditions as laid down under section 438(2) of the CrPC.
(Nawneet Kumar Pandey, J) A.K.V.//- U T