Arun Poddar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.83359 of 2023 Arising Out of PS. Case No.-101 Year-2023 Thana- DHAMDAHA District- Purnia ====================================================== ARUN PODDAR SON OF MUSO PODDAR RESIDENCE OF MOGALIA PURANDAHA, P.S. DHAMDAHA, DISTRICT- PURNEA ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Praveen Kumar Agrawal For the Opposite Party/s :

Mr. Ganesh Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 09-01-2024 Heard the parties.

2. The petitioner apprehends his arrest in a case registered for the offence punishable under Sections 302, 201, 120B of the Indian Penal Code.

3. Allegedly, the sister of the informant committed suicide by hanging herself due to regular harassment caused by her husband and other accused persons. The allegation against the petitioner is that he along with other co-accused persons took the dead body of his sister.

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. No such occurrence, in the manner as alleged, has ever taken place. The allegation levelled against the petitioner is not specific rather general and

Patna High Court CR. MISC. No.83359 of 2023(2) dt.09-01-2024 2/2 omnibus in nature. He further submits that the statement of the daughter of deceased was recorded u/s 164 of Cr.PC in which she has stated that the petitioner is not involved in the present case. There is no specific overt act against the petitioner. Petitioner has no concern with the deceased or other accused persons. Petitioner has no criminal antecedent.

5. Learned APP for the State opposed the prayer for anticipatory 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/her 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 Dhamdaha P.S. Case No.101 of 2023, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Anjani Kumar Sharan, J) shikha/- U T