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Patna High CourtCR. MISC./75304/2024allowed

Suraj Kumar v. The State Of Bihar

2024-11-11Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.75304 of 2024 Arising Out of PS. Case No.-290 Year-2024 Thana- KADAMKUAN District- Patna ====================================================== Suraj Kumar S/O Mahendra Singh @ Mahendra Prasad R/O Purvi Lohanipur, Railway Hunter Road, P.O and P.S- Kadamkuan, Distt.- Patna. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Kumar Prabhakar For the Opposite Party/s :

Mr. Choubey Jawahar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 11-11-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.

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

3. As per the prosecution case, the petitioner along with other co-accused persons is said to have killed the niece of the informant due to non-fulfillment of the dowry demand.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case. The allegation levelled against the petitioner is not specific rather general and omnibus in nature. The petitioner is bother-in-law of the deceased. He submits that there is no specific overt act against the petitioner. He further submits that

Patna High Court CR. MISC. No.75304 of 2024(2) dt.11-11-2024 2/2 the husband of the deceased is already in judicial custody since 12.04.2024. Petitioner has no criminal antecedent as mentioned in para-3 of this application.

5. Learned APP for the State opposes prayer for anticipatory bail.

6. Considering the facts and circumstances of the case and the fact that there is no specific overt act against the petitioner, let the above named petitioner, be released on bail, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) 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 Kadamkuan P.S. Case No. 290 of 2024, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

(Anjani Kumar Sharan, J) anand/- U T