Kundan Kumar Sharma v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.71040 of 2023 Arising Out of PS. Case No.-659 Year-2023 Thana- KHAGARIA District- Khagaria ====================================================== Kundan Kumar Sharma Son Of Ashok Sharma Resident Of Village - Ranisakarpura, P.S. - Khagaria (GANGAUR), District - Khagaria ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. S.D. Sanjay,Advocate For the Opposite Party/s :

Mr. Jai Narain Thakur, APP For the Informant Mrs. Alka Verma, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 28-11-2023 Heard Mr. S.D. Sanjay, learned senior counsel for the petitioner, learned Mr. J. N. Thakur for the State and learned Mrs. Alka Verma for the informant.

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

3. As per the prosecution case, the informant's sister was killed by all the family members including the petitioner of her sasural due to non fulfillment of dowry demand.

4. Learned senior counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case. The petitioner is Bhaisur of the deceased. There is no specific overt act has been levelled against the petitioner and

Patna High Court CR. MISC. No.71040 of 2023(2) dt.28-11-2023 2/2 petitioner is living separately with the in-laws and husband of the deceased. He submits that husband and in-laws of the deceased is already in custody. The petitioner has clean antecedent.

5. Learned APP for the State opposes the prayer for bail and submits that the sister of the informant was killed by her in-laws.

6. Considering the facts and submission of the parties as well as husband and in-laws are already in judicial custody, let the above named petitioner in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, be enlarged on bail on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) each 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 Khagaria( Gangaur) P.S.Case No. 659 of 2023, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

(Anjani Kumar Sharan, J) N.K/- U T