Sikandar Mahto @ Sikendra Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.1774 of 2020 Arising Out of PS. Case No.-365 Year-2019 Thana- BIDUPUR District- Vaishali ====================================================== Sikandar Mahto @ Sikendra Kumar, aged about 20 years, male, Son of Brijnandan Mahto, Resident of Village - Madhurapur, P.S. - Bidupur, District - Vaishali.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Ms. Pratima Kumari, Adv.

For the Opposite Party/s :

Ms. Sharda Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 16-08-2021 Heard Ms. Pratima Kumari, the learned Advocate for the petitioner and Ms. Sharda Kumari, the learned APP for the State.

The petitioner, who is the brother-in-law of the deceased, seeks bail in anticipation of his arrest in connection with Bidupur P.S. Case No. 365 of 2019, dated 15.09.2019, instituted for the offences under Sections 304(B) and 201 of the Indian Penal Code.

Patna High Court CR. MISC. No.1774 of 2020(4) dt.16-08-2021 2/3 The accusation in the F.I.R. though is attributed to the petitioner as well along with the other family members, but it is general and omnibus in nature.

It has been submitted on behalf of the petitioner that he being the younger brother of the husband of deceased does not have any concern with the affairs of the family of the deceased. Be that as it may, merely because of his relationship with the husband of the deceased, he has been made accused in this case.

The husband of the deceased, it has been submitted, has surrendered to the process of law and since then, he is in custody.

Regard being had to the facts afore-stated, the petitioner above-named, in the event of his arrest or surrender before the learned Court below within a period of eight weeks, is directed to be released on bail on his furnishing bail-bonds in the sum of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Vaishali at Hajipur in connection with Bidupur P.S. Case No. 365 of

Patna High Court CR. MISC. No.1774 of 2020(4) dt.16-08-2021 3/3 2019, subject to the conditions laid down under Section 438(2) of the Cr.P.C.

The application stands allowed.

(Ashutosh Kumar, J) Praveen-II/- U T