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Patna High CourtCR. MISC./78020/2023allowed

Anil Sah @ Pradeep Sah @ Pradip Sah v. The State Of Bihar

2023-12-08Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.78020 of 2023 Arising Out of PS. Case No.-478 Year-2022 Thana- ALOULI District- Khagaria ====================================================== ANIL SAH @ PRADEEP SAH @ PRADIP SAH S/O BINDESHWARI SAH @ AYODHI SAH R/O VILLAGE- RAHUA, P.S- GANGOR O.P. (KHAGARIA), DISTT.- KHAGARIA.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ranjan Kumar Singh, Adv.

For the Opposite Party/s :

Mr.Prem Kumar Jha, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 08-12-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 328, 304(B)/34 of the Indian Penal Code.

3. All the F.I.R. named accused persons including this petitioner, on non-fulfillment of demand of dowry, in furtherance of the common intention are said to have committed murder of the daughter of the informant.

4. It is submitted by learned counsel for the petitioner that petitioner is quite innocent and has committed no offence. No such occurrence as alleged ever took place. He is Nandoi of the deceased. He has been falsely implicated in this case due to

Patna High Court CR. MISC. No.78020 of 2023(2) dt.08-12-2023 2/2 ulterior motive. He has no concern with the daily affairs of the deceased and her husband. The allegation levelled against the petitioner is not specific rather general and omnibus in nature. There is specific allegation against co-accused Pulkit Sah, husband of the deceased, who was acquitted by learned Court below vide Sessions Trial No. 277 of 2023 dated 05.07.2023. Petitioner has no criminal antecedent as mentioned in para-3 of this application.

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

6. Having regard to the facts and circumstances of the case, as there is no specific overt act against the petitioner, let the above named petitioner, be released on bail, in the event of his 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) 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 Alauli P.S. Case No. 478 of 2022, subject to the condition as laid down under Section 438 (2) of the Cr.P.C. (Anjani Kumar Sharan, J) divyanshi/- U T