Chhotak Dom @ Chhotu Dom v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.73248 of 2022 Arising Out of PS. Case No.-148 Year-2019 Thana- KOPA District- Saran ====================================================== CHHOTAK DOM @ CHHOTU DOM S/O Surendra Dom R/O VillageSamhauta, P.S- Kopa, District- Saran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ajit Kumar Singh, Advocate.

For the Opposite Party/s :

Mr. Abhay Kumar Roy, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 06-04-2023 Learned counsel for the petitioner is permitted to remove defect(s), as pointed out by the office, if any, within a period of four weeks from today.

Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner seeks regular bail in connection with Kopa P. S. Case No. 148 of 2019 dated 30.09.2019 registered for the offences punishable u/ss 302, 120B read with Section 34 of the Indian Penal Code.

As per the prosecution case, the petitioner and the coaccused persons are alleged to have committed murder of the

Patna High Court CR. MISC. No.73248 of 2022(2) dt.06-04-2023 2/3 husband of the informant due to previous enmity. They were seen fleeing away from the place of occurrence. It is further alleged that co-accused Dhaniya Devi got the husband of the informant murdered.

Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. No such occurrence as alleged has ever taken place. There is general and omnibus allegation against the petitioner. The specific allegation has been attributed against the co-accused Dhaniya Devi, who has already been granted bail by the coordinate Bench of this Court vide order dated 03.01.2023 passed in Cr. Misc. No. 12434 of 2022. The petitioner has got clean antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 02.10.2019 Learned A.P.P. for the State has vehemently opposed the prayer for bail of the petitioner.

Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner abovenamed, is directed to 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 learned Court concerned, Saran at Chapra in connection with Kopa P. S. Case

Patna High Court CR. MISC. No.73248 of 2022(2) dt.06-04-2023 3/3 No. 148 of 2019.

The application stands allowed.

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