Devkant Kamat @ Devkant Prasad Kamat v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.7801 of 2020 Arising Out of PS. Case No.-54 Year-2019 Thana- PHULPARAS District- Madhubani ====================================================== 1.

Devkant Kamat @ Devkant Prasad Kamat, Son of Late Sukhdeo Kamat 2.

Ajit Kumar @ Ajit Kamat, Son of Late Bikau Kamat @ Bigu Kamat 3.

Puhup Lal Kamat, son of Late Bikau Kamat @ Bigu Kamat 4.

Geeta Devi @ Mahanaur Nepal Wali, W/O Puhup Lal Kamat 5.

Ghuran Kamat, Son of Dhanik Lal Kamat All Resident of Village - Suryahi, P.S. - Phulparas, District - Madhubani. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Surendra Kishore Thakur, Adv.

For the Opposite Party/s :

Mr.Suman Kumari Singh (APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 28-02-2020 Heard learned counsel for the petitioners and learned counsel for the State.

The petitioners apprehend their arrest in a case registered for the offence punishable under Section 304(B), 201/34 of the Indian Penal Code.

Allegation against petitioners including all FIR named accused persons is of killing the daughter of the informant for non-fulfillment of demand of dowry. It has been submitted on behalf of the petitioners that they are innocent and have falsely been implicated in this case. It is submitted that petitioner no.1 is Mukhiya of the

Patna High Court CR. MISC. No.7801 of 2020(2) dt.28-02-2020 2/3 concern village, who tried to settle the dispute. Petitioners no. 2 is Dewar, petitioner 3 and 4 is Bhaisur and Gotani of the deceased and are living separately having no concern with the family of the deceased and her husband.

Considering the aforesaid facts and circumstances of the case, let the petitioners named above be released on anticipatory bail, in the event of his arrest or surrender before the court below within a period of four weeks from today, on furnishing bail bonds of Rs. 20,000/- each with two sureties of the like amount each to the satisfaction of learned court below where the case is pending in connection with Phulparas P.S. Case No. 54 of 2019 (G.R. No. 270 of 2019) subject to the condition as laid down under Section 438(2) of the Cr.P.C with following conditions:-

(1) Bailors should be local having sufficient immovable property within the jurisdiction of the court concerned.

(2) Petitioners shall co-operate in the trial and shall be present on each and every date fixed by the court and their absence on two consecutive dates without proper and reasonable reason will be sufficient to cancel their bail bond.

(3) If the petitioners tampers with the evidence or the witnesses of the case, in that case, prosecution will be

Patna High Court CR. MISC. No.7801 of 2020(2) dt.28-02-2020 3/3 at liberty to move for cancellation of bail of the petitioners.

(S. Kumar, J) Rajiv/- U T