Deepak Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.68144 of 2024 Arising Out of PS. Case No.-656 Year-2020 Thana- AHIYAPUR District- Muzaffarpur ====================================================== Deepak Sah S/o Parmeshwar Sah R/o vill - Mustafapur, P.S. - Ahiyapur, Distt. - Muzaffarpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Nachiketa Jha, Adv.

For the Opposite Party/s :

Mr.Chandra Bhushan Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY ORAL ORDER 18-10-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner is apprehending arrest in connection with Ahiyapur P.S. Case No. 656 of 2020 registered for the offences punishable under Sections 304B/34 of the Indian Penal Code.

3. As per prosecution case, petitioner and others concertedly assaulted and murdered the informant's daughter by setting her on fire for non-fulfillment of demand of dowry.

4. Learned counsel for the petitioner submits that petitioner is innocent and has committed no offence as alleged in the first information report and he has been falsely implicated in this case. Petitioner, who is step devar of the deceased, is living separately in mess and business from the deceased and her husband. He has no say in the family affairs of the deceased.

Patna High Court CR. MISC. No.68144 of 2024(2) dt.18-10-2024 2/2 Petitioner has nothing to do with the alleged occurrence. Petitioner bears no criminal antecedent.

5. The learned A.P.P. for the State vehemently opposes the prayer for anticipatory bail of the petitioner.

6. Considering the facts and circumstances of the case, keeping in view clean antecedent of petitioner, petitioner has no concern with the family affairs of the deceased, argument advanced on behalf of both sides and also taking into consideration the material available on record, the petitioner, above named, in the event of arrest or surrender within a period of six weeks from today, be released on anticipatory bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Muzaffarpur in connection with Ahiyapur P.S. Case No. 656 of 2020, subject to the conditions as laid down under section 438(2) of the Code of Criminal Procedure.

7. The application stands allowed.

(Alok Kumar Pandey, J) mcverma/- U T