Pankaj Kumar @ Pankaj Kumar Ray v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.2970 of 2019 Arising Out of PS. Case No.-125 Year-2017 Thana- DARIYAPUR DistrictSaran ====================================================== Pankaj Kumar @ Pankaj Kumar Ray, son of Kapil Dev Ray Resident of Village- Manpura, Police Station-Dariyapur, District- Saran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Satya Prakash For the Opposite Party/s :

Mr.Anuj Kumar Shrivastava ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 23-01-2019 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner apprehends his arrest for the offences alleged under Sections 304(B)/201, 120(B)/34 IPC registered in connection with Dariyapur P.S. Case No. 125 of 2017.

3. It is submitted that the petitioner has been falsely implicated and in any event he is merely a neighbour of the husband of the deceased and as such the provisions of Section 304(B) IPC would not be applicable. The petitioner stands on a better footing than the mother-in-law and brother-in-law of the deceased who have been granted anticipatory bail by this Court in Cr. Misc. No. 56749 of 2017 and Cr. Misc. No. 22782 of 2018, respectively. The petitioner claims clean antecedents.

4. Be that as it may, having regard to the entirety of the facts and circumstances, in the event of the petitioner's arrest or surrender before the court below within six weeks from the date of communication of this order, let the above named petitioner be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand)

Patna High Court Cr.Misc. No.2970 of 2019(2) dt.23-01-2019 2/2 with two sureties of like amount each to the satisfaction of learned ACJM 4th, Saran at Chapra, in connection with Dariyapur P.S. Case No. 125 of 2017, subject to the conditions as laid down under Section 438

(2) Cr.P.C. and also subject to the following further conditions: i. That one of the bailors shall be a close relative of the petitioner. ii. That the petitioner shall not indulge in any similar offence till conclusion of the trial.

iii. That the petitioner shall co-operate with the investigation, if not already concluded, and make himself available as and when so required and in case of failure, the State shall be at liberty to move for cancellation of bail.

iv. The petitioner shall remain physically present in Court on each and every date during trial and in the event of failure on two consecutive dates without sufficient reason, his bail bond shall be liable to be cancelled by the learned Court concerned. (Vikash Jain, J) Chandran/- U T