Satish Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.6732 of 2022 Arising Out of PS. Case No.-319 Year-2021 Thana- HARNAUT District- Nalanda ====================================================== 1.

SATISH KUMAR S/o Lutan Yadav R/o Village - Sati Asham, P.S. - Harnaut, District - Nalanda.

2.

Lambu Yadav S/o Lutan Yadav R/o Village - Sati Asham, P.S. - Harnaut, District - Nalanda.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Raj Kishor Prasad, Advocate For the Opposite Party/s :

Mr.Binod Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 17-02-2022 Due to the third wave of COVID-19 Pandemic, the matter is being taken up by way of Virtual Court proceeding. The matter has been listed under the heading 'For Orders' under the orders of Hon'ble the Chief Justice. Heard learned counsel for the petitioners and learned APP for the State through virtual mode.

Learned Counsel for the petitioners is directed to remove the defect(s), as pointed out by the office, within a period of four weeks after restoration of normalcy. The petitioners are apprehending their arrest in connection with Harnaut (Gokhulpur) P.S. case No.319/2021 registered under Sections 304(B), 201/34 of the Indian Penal

Patna High Court CR. MISC. No.6732 of 2022(2) dt.17-02-2022 2/3 Code.

Allegation is that the accused persons including the petitioners caused death of the daughter of the informant due to non-fulfilment of demand of dowry.

It has been submitted on behalf of the petitioners that the petitioners have got no criminal antecedent and there is no allegation of tampering of witnesses alleged against the petitioners. The petitioners have falsely been implicated in this case. The petitioners are the brothers-in-law of the deceased. They are separate in mess and property from the husband of the deceased. They have got no concern with the alleged occurrence.

On behalf of the State, it is submitted that the petitioners are named in the complaint case/F.I.R. It is necessary to indicate here that this Court while considering the prayer made in the present anticipatory bail application has taken note of the exponential rise in number of covid cases due to outbreak of third wave of Covid-19 pandemic. Further this Court can also not lose sight of the fact that the condition of jails is not conducive and suitable to the present situation which has arisen due to the sudden rise in covid cases.

Patna High Court CR. MISC. No.6732 of 2022(2) dt.17-02-2022 3/3 Considering the facts and circumstances, the petitioners, above named, in the event of arrest or surrender before the learned court below within a period of twelve weeks from today, be released on anticipatory bail on their personal bond to the satisfaction of learned C.J.M., Nalanda at Biharsharif in connection with Harnaut (Gokhulpur) P.S. case No.319/2021, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. Once the normalcy is restored, the petitioners shall furnish bail bonds of Rs.10,000/- (Rupees ten thousand) with two sureties of the like amount each within a period of eight weeks to the satisfaction of the Court concerned in connection with the aforesaid case.

(Sudhir Singh, J) Narendra/- U T