Munna Prasad @ Upendra Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.14360 of 2021 Arising Out of PS. Case No.-132 Year-2020 Thana- ISLAMPUR District- Nalanda ====================================================== MUNNA PRASAD @ UPENDRA KUMAR Son of Kishori Prasad Resident of Village - Sidhari, P.S. - Islampur, District - Nalanda. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Rakesh Kumar For the Opposite Party/s :

Mr.APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 04-02-2022 This matter has been taken up for hearing online because of COVID-19 pandemic restrictions.

Heard learned counsel for the petitioner and learned APP for the State.

Learned counsel for the petitioner is expected to honour his undertaking to remove the defects as pointed out by the office when called upon to do so by the office. The instant application for anticipatory bail has been filed by the petitioner apprehending his arrest in connection with Islampur P.S. Case no. 132 of 2020 instituted for the offence under Sections 304(B)/ 201 and 34 of the Indian Penal Code.

As per allegation in the FIR, petitioner along with his family members have tortured in various ways due to nonfulfillment dowry demand and ultimately they killed her. Learned counsel appearing on behalf of the petitioner has submitted that petitioner is husband of the deceased and has

Patna High Court CR. MISC. No.14360 of 2021(3) dt.04-02-2022 2/2 been falsely implicated in this case. At the time of occurrence, no one was present in home including the petitioner. Daughter of the informant died due to electric shock. From perusal of the case diary it appears from para nos. 116, 117 and 125, where several eye witnesses have stated that deceased died due to electric shock.

Learned APP appearing for the State has opposed the prayer of Bail.

Having heard learned counsel for the parties and in the facts and circumstances of the case as stated above, this Court is inclined to enlarge the petitioner on bail. The petitioner is directed to surrender in the Court below within a period of four weeks from today and in the event of his arrest or surrender in connection with Islampur P.S. Case no. 132 of 2020, he will be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, 1st Class, Hilsa (Nalanda) subject to the conditions as laid down under section 438(2) of the Cr.P.C.

(Sunil Kumar Panwar, J) sushma/- U T