Santu Kumar @ Prashant Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.83130 of 2023 Arising Out of PS. Case No.-315 Year-2023 Thana- HISUWA District- Nawada ====================================================== 1.

SANTU KUMAR @ PRASHANT KUMAR SON OF ANIL PRASAD @ GORELAL YADAV RESIDENT OF VILLAGE - JHULAN BIGHA, P.S. - HISUA, DISTRICT - NAWADA 2.

GAUTAM KUMAR SON OF ANIL PRASAD @ GORELAL YADAV RESIDENT OF VILLAGE - JHULAN BIGHA, P.S. - HISUA, DISTRICT - NAWADA ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Man Mohan Kumar, Adv.

For the Opposite Party/s :

Mr.Brajendra Nath Pandey, APP For the Informant :

Mr.Pramod Kumar Verma, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 08-01-2024 Heard learned counsel for the petitioners, learned counsel for the informant and learned APP for the State. 2.

The petitioners apprehend their arrest in a case registered for the offence punishable u/s 304(B)/34 of the IPC. 3.

The allegation against the petitioners is that they along with other accused persons have killed the daughter of the informant due to non-fulfillment of demand of dowry. 4.

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 due to grudge. No such occurrence, in the manner as alleged, has ever taken place.

Patna High Court CR. MISC. No.83130 of 2023(2) dt.08-01-2024 2/2 The allegation leveled against the petitioners is not specific rather general and omnibus in nature. Petitioners are the brothers-in-law of the deceased and they used to reside separately from the deceased and her husband. Husband of the deceased is already in judicial custody, which is mentioned in para-11 of the bail application. Petitioners have no criminal antecedent.

5.

Learned APP for the State as well as learned counsel for the informant opposed the prayer for bail.

6.

Having regard to the facts and circumstances of the case, since husband of deceased is already in custody, 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 Hisua P.S. Case No.315 of 2023, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Anjani Kumar Sharan, J) pallavi/- U T