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Patna High CourtCR. MISC./71230/2022allowed

Shyam Babu Rai v. The State Of Bihar

2023-03-14Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.71230 of 2022 Arising Out of PS. Case No.-166 Year-2022 Thana- BACHHWARA District- Begusarai ====================================================== 1.

SHYAM BABU RAI SON OF SUDAMA RAI R/O VILL.- CHAMTHA 03 NUMBER, P.S.- BACHHAWARA, DISTT.- BEGUSARAI 2.

PANKAJ RAI SON OF SUDAMA RAI R/O VILL.- CHAMTHA 03 NUMBER, P.S.- BACHHAWARA, DISTT.- BEGUSARAI ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mrs. Usha Kumari Singh For the Opposite Party/s :

Mr. Amitesh Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 14-03-2023 Heard the parties.

The petitioners apprehend their arrest in a case registered for the offence punishable under Sections 304B, 201, 120B/34 of the Indian Penal Code.

The allegation against the petitioners is that they alongwith other co-accused persons killed the daughter of the informant on the pretext of non-fulfillment of demand for dowry.

It is submitted by learned counsel for the petitioners that petitioners are quite innocent and have committed no offence. They have been falsely implicated in this case. No such occurrence, in the manner as alleged, has ever taken place. The

Patna High Court CR. MISC. No.71230 of 2022(2) dt.14-03-2023 2/2 allegation levelled against the petitioners is not specific rather general and omnibus in nature. The petitioners are the cousin brothers of the husband of the deceased. The husband of the deceased is already in judicial custody. There is no specific overt act against the petitioner. Petitioners have no criminal antecedent.

Learned APP for the State opposed the prayer for anticipatory bail.

Having regard to the facts and circumstances of the case, let the above named petitioners, be released on bail, in the event of their 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) 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 Bachhwara P.S. Case No.166 of 2022, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

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