Vinay Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.18209 of 2021 Arising Out of PS. Case No.-150 Year-2020 Thana- NARHATT District- Nawada ====================================================== VINAY KUMAR Son of Birju Mahto Resident of Village- Kajipura, P.S.- Narhatt, District- Nawada.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Indradeo Prasad For the Opposite Party/s :

Mr. Ram Anurag Singh, APP For the informant : Mr. Subodh Kumar, Adv. ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 28-09-2021 Heard learned counsel for the petitioner and the State. Learned counsel for the petitioner is directed to remove the defect(s), as pointed out by the office, within a period of eight weeks.

The petitioner is apprehending his arrest in Narhat P.S. Case No. 150 of 2020 registered under Section 304B/34 of the Indian Penal Code.

Allegation against the petitioner is of committing torture and caused death of the victim due to non-fulfillment of demand of dowry.

It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. The

Patna High Court CR. MISC. No.18209 of 2021(4) dt.28-09-2021 2/2 petitioner has been falsely implicated in the present case. There is no eye witness to the alleged occurrence. From perusal of paragraph-5 of the case diary, it appears that the deceased is said to have committed suicide. No offence u/S 304B of the Indian Penal Code is made out. At best, an offence under Section 306 of the Indian Penal Code is made out.

On behalf of the State, it is submitted that the petitioner is named in the Complaint Case/F.I.R.

Considering the aforesaid facts and circumstances of the case, the petitioner, 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 furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate-Ist Class, Nawada in connection with Narhat P.S. Case No. 150 of 2020 subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Sudhir Singh, J) A.K.V.//- U T