Madhukar Kunwar @ Madhukal Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.18488 of 2020 Arising Out of PS. Case No.-113 Year-2013 Thana- NAUBATPUR District- Patna ====================================================== 1.

MADHUKAR KUNWAR @ MADHUKAL DEVI, Female, aged about 36 years, Wife of Late Ram Kumar, D/o Late Shakal Deep Chauhan Resident of Paltu Chhatni, P.S.- Naubatpur, Distt - Patna. 2.

Vikash Kumar, Male, aged about 28 years, Son of Late Sakaldeep Chauhan, Resident of Paltu Chhatni, P.S.- Naubatpur, Distt - Patna. ... ... Petitioners

Versus

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

For the Petitioners :

Mr. Patanjali Rishi, Advocate.

For the Opposite Party :

Mr. Lalan Kumar, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 18-08-2020 Due to 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 A.P.P. for the State.

The petitioners are apprehending their arrest in a case for the offence registered under Sections 304(B)/34 of the I.P.C. The prosecution story, in brief, is that the accused persons including the petitioners killed the victim due to nonfulfilment of demand of dowry. It has been submitted by learned counsel for the

Patna High Court CR. MISC. No.18488 of 2020(2) dt.18-08-2020 2/3 petitioners that the petitioners have got no criminal antecedent. There is no allegation of tampering with the witnesses alleged against the petitioners. The petitioners have falsely been implicated in the present case. The petitioner no. 1 is the married Nanad and petitioner no. 2 is the brother-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 learned counsel for the State, it has been submitted that the petitioners are named in the F.I.R/ complaint case.

Considering the facts and circumstances of the case and also the lockdown, the petitioners above named, in the event of arrest or surrender before the learned court below within a period of eight weeks from today, be released on anticipatory bail on their personal bond to the satisfaction of the learned A.C.J.M.-II, Danapur, Patna, in connection with Naubatpur P.S. Case No. 113 of 2013, 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) each with two sureties of the like amount each within a period of

Patna High Court CR. MISC. No.18488 of 2020(2) dt.18-08-2020 3/3 seven weeks to the satisfaction of the court concerned in connection with the aforesaid case.

(Sudhir Singh, J) U.K./- U T