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Patna High CourtCR. MISC./81352/2023bail granted

Rajiv Ranjan @ Golu @ Golu Kumar v. The State Of Bihar

2024-01-10Mr. Justice Rajesh Kumar Verma3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.81352 of 2023 Arising Out of PS. Case No.-1176 Year-2023 Thana- NAWADA District- Nawada ====================================================== Rajiv Ranjan @ Golu @ Golu Kumar Son Of Arvind Singh Resident Of Village Dumri, Ps Pakribarawan, District- Nawada ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sonbhadra Singh, Advocate : Mr.Vibhuti Ranjan Sonvadra, Advocate For the Opposite Party/s :

Mr.Anil Kumar, APP For the Informant : Mr. Arun Kumar, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 10-01-2024 Heard Mr. Sonbhadra Singh, learned counsel for the petitioner, Mr. Arun Kumar, learned counsel appearing for the informant and Mr.Anil Kumar, learned Additional Public Prosecutor for the State.

2. The petitioner is apprehending his arrest in connection with Nawada Town P.S.Case No.1176 of 2023,FIR dated 25.07.2023 registered for the offences punishable under Sections 304(B),201,34 of IPC.

3. Allegation against the petitioner is that he alongwith other co-accused persons have in furtherance of their common intention committed the dowry death of the daughter of the informant.

4. Learned counsel for the petitioner submits that the

Patna High Court CR. MISC. No.81352 of 2023(2) dt.10-01-2024 2/3 petitioner has clean antecedent and he has falsely been implicated in the present case merely on the ground that he is brother-in-law (Nandoshi) of the deceased. Further submits that from a bare perusal of the FIR it appears that there is no specific allegation against the petitioner. In fact the petitioner has no concern at all with the family affairs of the deceased and he is living separately from the family members of the deceased.

5. Learned counsel for the informant and learned A.P.P. for the State, on the other hand, have vehemently opposed the prayer for anticipatory bail of the petitioner.

6. Considering the aforesaid facts, let the petitioner, above named, in the event of his arrest or surrender before the court below within a period of thirty days from the date of receipt of the order, be released 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 Chief Judicial Magistrate, Nawada in connection with Nawada Town P.S.Case No.1176 of 2023, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure and with other following conditions:- (I) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court

Patna High Court CR. MISC. No.81352 of 2023(2) dt.10-01-2024 3/3 and shall remain physically present as directed by the Court and on his/her absence on two consecutive dates without sufficient reason, his/her bail bond shall be cancelled by the Court below. (II) If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.

(III) And, further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage, it is found that the petitioner has concealed his/her criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.

(Rajesh Kumar Verma, J) Nitesh/- U T