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Patna High CourtCR. MISC./81325/2023allowed

Vishnu Pathak v. The State Of Bihar

2024-01-08Mr. Justice Sunil Dutta Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.81325 of 2023 Arising Out of PS. Case No.-84 Year-2023 Thana- SAKURABAD District- Jehanabad ====================================================== Vishnu Pathak, S/O Madan Pathak, Resident Of Village- Pandit Pur, P.S.- Shakurabad, District-Jehanabad ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Nitya Nand Neeraj, Advocate Mr. Kumari Anjani Sinha, Advocate For the Opposite Party/s :

Mr. Aditya Narayan Singh.1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 08-01-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks regular bail in connection with Shakurabad P.S. Case No. 84 of 2023 for the offence registered under Sections 304 (B), 302, 201, 34 of the I.P.C.

3. As per prosecution case, petitioner along with other accused persons committed murder of the daughter of the informant and the dead body was disposed of.

4. Learned counsel for the petitioner submits that petitioner is elder brother of the husband of the deceased and he has never tortured the deceased. He has no concern with the day to day affairs of the deceased and her husband. Petitioner is residing separately. The marriage of the deceased was

Patna High Court CR. MISC. No.81325 of 2023(2) dt.08-01-2024 2/2 solemnized on 02.05.2014. The deceased has two daughters and the husband of the deceased is in jail custody since 10.05.2023. Petitioner is in judicial custody since 19.08.2023 having one criminal antecedent in which he is on bail. He further submits that similarly situated co-accused have already been granted anticipatory bail by a coordinate Bench of this Court vide order dated 06.12.2023 passed in Cr. Misc. No. 74663 of 2023.

5. Learned counsel appearing on behalf of the State opposes the prayer for grant of bail to the petitioner.

6. Considering the submissions on behalf of the parties and the facts and circumstances of the case, let the petitioner, named above, be enlarged on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned concerned court below in Shakurabad P.S. Case No. 84 of 2023. (Sunil Dutta Mishra, J) khushbu/- U T