Sanjay Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.6974 of 2022 Arising Out of PS. Case No.-95 Year-2020 Thana- HULASGANJ District- Jehanabad ====================================================== 1.

Sanjay Kumar Son Of Awadhesh Prasad @ Awadhesh Yadav @ Awadhesh Prasad Yadav R/O Village-Murgaon, P.S.- Hulashganj, District- Jehanabad, (Bihar) 2.

Balirm @ Baliram Yadav Son Of Ramsharan Yadav R/O Village-Murgaon, P.S.- Hulashganj, District- Jehanabad, (Bihar) 3.

Awadhesh Prasad @ Awadhesh Yadav @ Awadhesh Prasad Yadav Son Of Ram Sharan Yadav R/O Village-Murgaon, P.S.- Hulashganj, DistrictJehanabad, (Bihar) 4.

Bijay Kumar Son Of Awadhesh Prasad @ Awadhesh Yadav @ Awadhesh Pd. Yadav R/O Village-Murgaon, P.S.- Hulashganj, District- Jehanabad, (Bihar) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Mithilesh Kr. Arya Ms. Supriya Rani For the Opposite Party/s :

Mr. Anil Kumar Singh No. 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 13-05-2022 Heard learned counsel for the petitioners and learned APP for the State.

The instant application for anticipatory bail has been filed by the petitioners apprehending their arrest in connection with Hulashganj P.S. Case no. 95 of 2020 instituted for the offence punishable under Sections 302, 201/34 of the Indian Penal Code.

As per allegation in the FIR, petitioners along with their family members have tortured in various ways to the daughter of the informant due to non-fulfillment dowry demand

Patna High Court CR. MISC. No.6974 of 2022(2) dt.13-05-2022 2/3 ultimately she was done to death.

Learned counsel appearing on behalf of the petitioners has submitted that petitioner no. 1 is cousin brother-in-law and petitioner nos. 2, 3 and 4 are father-in-law (cousin) of the deceased. They have been falsely implicated in this case. They have never demanded any thing from the deceased or her family members of maiyke. They have no concern with the daily activity of the deceased and her husband. They are living separately. Deceased died due to stomach pain and diarrhoea and in way to hospital, she died. The sole responsibility to take care of wife is upon husband and not against his family members. Husband of the deceased namely, Vikash Kumar has been granted anticipatory bail an another co-ordinate Bench of this Court vide order dated 6.12.2021 passed in Cr.Misc. No. 9683 of 2021.

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 petitioners on bail. The petitioners are directed to surrender in the Court below within a period of four weeks from today and in the event of their arrest

Patna High Court CR. MISC. No.6974 of 2022(2) dt.13-05-2022 3/3 or surrender in connection with Hulashganj P.S. Case no. 95 of 2020, they 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 ACJM-I, Jehanabad subject to the conditions as laid down under section 438(2) of the Cr.P.C.

(Sunil Kumar Panwar, J) sushma/- U