Allowed

Rajesh Kumar v. The State of Bihar

Patna HC6 Dec 2022CR. MISC./1789/2022

Case brief

AI extract

What is this about?

In a criminal miscellaneous petition arising from a Section 304(B) IPC case, the High Court of Judicature at Patna, hearing a sworn undertaking by the petitioner, granted conditional bail pending trial with a monetary bond and sureties.

What did the court decide?

Petitioner enlarged on bail on arrest/surrender within six weeks on bond of Rs. 25,000 with two sureties of Rs. 25,000 each subject to conditions under Section 438(2) CrPC.

Rajesh Kumar Vs The State of Bihar — Anticipatory Bail | Patna HC (2022)

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.1789 of 2022

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Arising Out of PS. Case No.-133 Year-2021 Thana- KASHICHAK District- Nawada

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======================================================

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Rajesh Kumar S/O Mahesh Singh R/O Village- Rewara, P.S.- Kashichak (Shahpur O.P.), District- Nawada

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

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====================================================== Appearance : For the Petitioner/s : Mr. Dhananjay Kumar, Adv. For the Opposite Party/s : Mr. Shahabuddin Azeem @ S. Azeem, APP ======================================================

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CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER

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6 06-12-2022

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Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

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Learned counsel for the petitioner undertakes to remove the defects, if any, within three weeks.

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The petitioner is apprehending his arrest in a case registered for the offence punishable under Sections 304(B) and 34 of the Indian Penal Code.

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Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. He submits that petitioner is the husband of the deceased and he was not present at the time of occurrence as he was at his working place i.e. Kolkata and when he received the information about the death of his wife, he hired a car and proceeded from Kolkata to his native village. He submits that

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Patna High Court CR. MISC. No.1789 of 2022(6) dt.06-12-2022 2/2

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this fact has not been denied by the learned counsel for the opposite party No. 2. He submits that there is no specific overt act against the petitioner. He submits that there is specific allegation against the in-laws of the deceased. He further submits that petitioner has no criminal antecedent as stated in para-3 of this application.

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Learned APP for the State opposed the prayer for bail. Considering the facts and circumstances of the case, let the above named petitioner in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, be enlarged on bail 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 Kashichak P.S. Case No. 133 of 2021, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

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(Anjani Kumar Sharan, J)

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guddukr/-

Rajesh Kumar v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Rajesh Kumar v. The State of Bihar

Case brief

What is this about?

What did the court decide?

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