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Patna High CourtCR. MISC./13101/2023bail granted

Ranjan Kumar @ Rajan Kumar v. The State Of Bihar

2023-07-03Mr. Justice Prabhat Kumar Singh3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.13101 of 2023 Arising Out of PS. Case No.-440 Year-2022 Thana- MAHUA District- Vaishali ====================================================== RANJAN KUMAR @ RAJAN KUMAR Son of Late Dunilal Rai R/VBawanghat, Adalpur, P.S- Mahua, Dist- Vaishali ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mrs.Rina Sinha For the Opposite Party/s :

Mr.Dashrath Mehta ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 03-07-2023 Heard learned counsel for the parties.

Petitioner apprehends his arrest in a case registered for the offence punishable under Sections 302, 201/34 of the Indian Penal Code.

As per the prosecution case, daughter (Anamika Kumari) of the informant was married with one Pankaj Kumar and out of the wedlock, she was blessed with a son and a daughter. After the death of his husband, daughter of the informant married to her devar (petitioner) and the money of insurance policy of Pankaj Kumar worth Rs. 10 lacs was received by this petitioner, but he and his family again demanded one four wheeler, as dowry, and due to nonfulfillment of same, the daughter of informant was killed by all the F.I.R named accused persons including this petitioner.

Patna High Court CR. MISC. No.13101 of 2023(3) dt.03-07-2023 2/3 It is submitted that petitioner is second husband of the deceased and he has falsely been implicated in this case by the informant due to misconception. The petitioner never demanded any dowry from the deceased or her family. In fact, the deceased died due to illness and when the information was given to the family members of the informant, they came at petitioner's residence on 08.07.2022 and attended the funeral of deceased, which was held in presence of both family members. During investigation, after knowing the fact that her daughter was not killed by any of the accused persons, the informant filed a compromise petition along with permission petition before the learned Court below on 23.11.2022 (Annexure - 2). Similarly situated co-accused Minu Devi has been granted anticipatory bail, vide order dated 23.06.2023 passed in Cr.Misc. No. 5369 of 2023. Petitioner has got clean antecedent. Learned A.P.P. for the State opposes the prayer for bail.

Considering the aforesaid facts and circumstances, in the event of arrest or surrender within six weeks from today, let the petitioner, as named above, be enlarged on bail on furnishing bail bond of Rs.10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of C.J.M, Vaishali at Hajipur

Patna High Court CR. MISC. No.13101 of 2023(3) dt.03-07-2023 3/3 in connection with Mahua P.S. Case No. 440 of 2022, subject to the conditions laid down under Section 438(2) of the Code of Criminal Procedure.

(Prabhat Kumar Singh, J) anay/- U T