Uday Kumar @ Aman Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.18085 of 2021 Arising Out of PS. Case No.-128 Year-2012 Thana- BARHIYA District- Lakhisarai ====================================================== 1.

UDAY KUMAR @ AMAN KUMAR, Son of Late Bachchu Singh, Resident of Village- Khutha Chetan Tola, Police Station- Barahiya, DistrictLakhisarai 2.

ANANT KUMAR, Son of Late Bachchu Singh, Resident of Village- Khutha Chetan Tola, Police Station- Barahiya, District- Lakhisarai ... Petitioners

Versus

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

For the Petitioners :

M/s Aun k & Ram Vinay Pd. Singh, Adv.

For the Opposite Party :

Mr. Ashok Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 13-12-2021 Heard learned counsel for the petitioners and the learned Additional Public Prosecutor appearing for the State. Learned counsel for the petitioners is expected to honour his undertaking given in the instant case for depositing the requisite Court fee and to remove the defects as pointed out by the office when called upon to do so by the office. The petitioners are apprehending their arrest in a case registered for the offences punishable under Sections 304(B), 201 and 120(B) of the Indian Penal Code.

The prosecution case relates to dowry death due to non-fulfillment of dowry demand. It is submitted that other main accused including the husband are acquitted by the trial Court vide S. Tr. No. 979 of 2013.

Patna High Court CR. MISC. No.18085 of 2021(2) dt.13-12-2021 2/2 In the impugned order dated 27.08.2020 passed by the lower Court, it is mentioned that from perusal of the case record it is apparent that this case relates to 2012 and petitioners are absconding from eight years. In this case cognizance was taken. After considering the facts and circumstances of the case, this is not a fit case for grant of anticipatory bail. Hence, the prayer for anticipatory bail is rejected. The petitioners are directed to surrender before the Court below and pray for regular bail and the learned lower Court may consider the same without being prejudiced of this order.

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