Arvind Singh @ Arvind Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.70436 of 2022 Arising Out of PS. Case No.-37 Year-2012 Thana- SARAI District- Vaishali ====================================================== ARVIND SINGH @ ARVIND KUMAR Son of Nageshwar Singh Resident of Village- Sisauni Prabodhi P.S.- Sarai, District- Vaishali At Hajipur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Pritish Kumar Lal For the Opposite Party/s :

Mr.Md. Ataur Rahman ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 31-01-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner apprehends his arrest in connection with Sarai P.S. Case No.37 of 2012, registered for the offences punishable under Sections 302, 201 and 34 of the Indian Penal Code.

The prosecution case, in brief, is that the marriage of the informant's daughter was solemnized with the petitioner about 10 years ago and after marriage, the petitioner and his family members started demanding colour T.V. and motorcycle and for the same the daughter of the informant was subjected to torture and assault. In the meantime, the petitioner performed second marriage and continued the torture to the informant's daughter.On 22/23.02.2012 in the night, the husband/petitioner,

Patna High Court CR. MISC. No.70436 of 2022(2) dt.31-01-2023 2/3 father-in-law, mother-in-law, Bhaisur, Devar and other killed the daughter of the informant after badly assaulting her and cremated her dead body.

Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. It is submitted that the petitioner has got no criminal antecedent as stated in paragraph-3 of the bail application. It is further submitted that petitioner is the husband of the deceased. It is submitted that petitioner was exonerated by the police after completion of investigation, but the learned court below has taken cognizance differing with the final form submitted by the police and also considering the protest petition. It is submitted that similarly situated other co-accused persons have already been enlarged on anticipatory bail by a different co-ordinate Bench of this Court vide Annexure-3 series. Learned APP for the State opposed the prayer for anticipatory bail of the petitioner.

Taking into consideration the facts aforesaid, let petitioner, above named, 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) with two sureties of

Patna High Court CR. MISC. No.70436 of 2022(2) dt.31-01-2023 3/3 the like amount each to the satisfaction of learned A.C.J.M.- XIII-cum-Sub-Judge-XIV, Vaishali at Hajipur in connection with Sarai P.S. Case No.37 of 2012, subject to the conditions laid down under Section 438(2) of the Code of Criminal Procedure.

(Anjani Kumar Sharan, J) S.KUMAR/- U T