← Library
Patna High CourtCR. MISC./84343/2023allowed

Chandan Sah @ Chandan Kumar v. The State Of Bihar

2024-01-12Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.84343 of 2023 Arising Out of PS. Case No.-12 Year-2020 Thana- PIPRAKOTHI District- East Champaran ====================================================== CHANDAN SAH @ CHANDAN KUMAR SON OF JAGDEV SAH R/O VILLAGE- KISHUNPUR, P.S.- PIPRAKOTHI, DISTRICT- EAST CHAMPARAN ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Bal Govind Sharma For the Opposite Party/s :

Mrs. Rina Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 12-01-2024 Heard the parties.

2. The petitioner apprehends his arrest in a case registered for the offence punishable under Sections 304B, 498A and 120B/34 of the Indian Penal Code.

3. Allegedly, the petitioner is said to have killed the daughter of informant on the pretext of non-fulfillment of demand for 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. No such occurrence, in the manner as alleged, has ever taken place. The allegation levelled against the petitioner is not specific rather general and omnibus in nature. There is no specific overt act against the

Patna High Court CR. MISC. No.84343 of 2023(2) dt.12-01-2024 2/2 petitioner. He further submits that the petitioner is the brotherin-law of the deceased. He further submits that the husband of the deceased is already acquitted by the learned Trial Court, the detailed judgment is enclosed as Annexure-3 of the bail application. 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 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 Pipra Kothi P.S. Case No.12 of 2020, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Anjani Kumar Sharan, J) shikha/- U T