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Patna High CourtCR. MISC./81948/2023allowed

Vijay Kumar Singh @ Vijay Singh v. The State Of Bihar

2024-04-03Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.81948 of 2023 Arising Out of PS. Case No.-223 Year-2018 Thana- SISWAN District- Siwan ====================================================== VIJAY KUMAR SINGH @ VIJAY SINGH Son of Rama Shankar Singh Resident of Village - Bakhari Nawalpur, P.S.- Siswan, District - Siwan. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Maheshwar Prasad For the Opposite Party/s :

Mr.Kalyan Shankar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 03-04-2024 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

2.

The petitioner apprehends his arrest in a case registered for the offence punishable u/s 328, 304B, 34 of the IPC. 3.

As per the prosecution case, the sister of the informant has been alleged to be killed by the F.I.R. named accused persons including the petitioner due to non-fulfillment of demand of dowry.

4.

It is submitted by learned counsel for the petitioner that petitioner is quite innocent and has committed no offence. He has been falsely implicated in this case due to grudge. No such occurrence, in the manner as alleged, has ever taken place. The allegation leveled against the petitioner is not specific rather general and omnibus in nature. The petitioner is the elder

Patna High Court CR. MISC. No.81948 of 2023(5) dt.03-04-2024 2/2 brother-in-law of the deceased and he resides separate since long from the deceased and her husband. Petitioner has no criminal antecedent and the husband of the deceased has been enlarged on regular bail by a co-ordinate Bench of this Court and two similarly situated co-accused have been enlarged on anticipatory bail by this Court in Cr. Misc. No.18944 of 2023 dated 23.06.2023.

5.

Learned APP for the State opposed the prayer for bail. 6.

Having regard to the facts and circumstances of the case, since similarly situated co-accused have been granted bail, 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 Siswan P.S. Case No.223 of 2018, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Anjani Kumar Sharan, J) pallavi/- U T