Patna High CourtCR. MISC./75838/2023bail granted

Kameshwar Singh v. The State Of Bihar

2023-12-14Mr. Justice Chandra Prakash Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.75838 of 2023 Arising Out of PS. Case No.-529 Year-2023 Thana- ARA NAWADA District- Bhojpur ====================================================== KAMESHWAR SINGH S/O LATE DIPNARAYAN SINGH R/O VILLAGEJAGDEONAGAR (GALI NO. 4) PS. ARA NAWADA, DIST. BHOJPUR ... ... Petitioner/s

Versus

THE STATE OF BIHAR BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Rajani Ranjan Pd. Singh, Adv.

For the informant : Mr. Raju Kumar Singh, Adv For the Opposite Party/s :

Mr.Uday Chand Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 14-12-2023 Heard learned counsel for the petitioner, learned counsel for the informant and learned Additional Public Prosecutor for the State.

2. The petitioner is apprehending his arrest in a case in connection with Ara Nawada P.S. Case No. 529 of 2023 dated 24.07.2023 registered for the offences punishable u/ss 302 read with section 34 of the Indian Penal Code and u/s 3/4 of the D.P. Act.

3. As per the prosecution case, the petitioner and the coaccused persons are alleged to have committed murder of the informant's daughter due to non-fulfillment of demand of dowry.

4. Learned counsel for the petitioner has submitted that the petitioner has falsely been implicated in this case. There is general and omnibus allegation against the petitioner. The

Patna High Court CR. MISC. No.75838 of 2023(2) dt.14-12-2023 2/2 petitioner neither demanded any dowry nor tortured the informant's daughter. It is further submitted that the petitioner is the father-in-law of the deceased and he has no concern with the alleged offence. Learned counsel has submitted that the husband of the deceased is in jail. The petitioner is separated and he has nothing to do with the husband of the deceased. The petitioner has no criminal antecedent as stated at para 3 of the bail petition.

5. Learned A.P.P. for the State and learned counsel for the informant have vehemently opposed the anticipatory bail petition of the petitioner.

6. Considering the aforesaid facts and circumstances of the case as well as the allegation being general and omnibus, let the above named petitioner, in the event of his arrest/surrender within a period of six weeks from today, be enlarged on bail on furnishing bail-bond of Rs. 20,000/- (Rupees twenty thousand) with two sureties of the like amount each to the satisfaction of the learned court concerned, Bhojpur at Ara in connection with Ara, Nawada P.S. Case No. 529 of 2023, subject to conditions as laid down under section 438(2) of the Code of Criminal Procedure.

7. The application stands allowed.

(Chandra Prakash Singh, J) Gautam/- U T