Rohit Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.15201 of 2024 Arising Out of PS. Case No.-786 Year-2017 Thana- NAWADA District- Nawada ====================================================== Rohit Kumar S/o Shankar Prasad @ Shiv Shankar Prasad R/o vill - Nardiganj Parpa, P.s. - Nardiganj, Distt - Nawada.

... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Sunil Kumar, Advocate For the Opposite Party/s :

Mr. Navin Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 14-03-2024

1. Heard learned counsel appearing on behalf of the petitioner and learned Additional Public Prosecutor appearing on behalf of the State.

2. The accused/petitioner is named in F.I.R. and apprehending his arrest in connection with Nawada (Town) P.S. Case No. 786 of 2017, registered for the offences punishable under Sections 498(A), 304(B)/34 of the Indian Penal Code and Section 3⁄4 of Dowry Prohibition Act.

3. The allegation against above named petitioner is to cause death of daughter of informant alongwith family members/co-accused persons due to

Patna High Court CR. MISC. No.15201 of 2024(2) dt.14-03-2024 2/3 non-fulfillment of demand of dowry as raised for cash of Rs. 1.5 lacs.

4. Learned counsel appearing on behalf of the petitioner submitted that petitioner is brother-in-law, living separately and having no connection with daily and domestic affairs with deceased and her husband. It is submitted that after love marriage, deceased started to reside with brother of petitioner and being shorttempered lady, she committed suicide out of matrimonial discord. It is further submitted that the thrust of allegation is available against the husband of the deceased, where allegation against petitioner is appearing very much general and omnibus in nature, where implication appears being relative as brother of the husband of petitioner. It is submitted that similarly situated co-accused persons, who are mother-in-law and father-in-law were granted anticipatory bail by one of the learned co-ordinate Bench of this Court through Cr. Misc. 19178 of 2019 dated 19.06.2019.

Patna High Court CR. MISC. No.15201 of 2024(2) dt.14-03-2024 3/3

5. Learned APP opposes the prayer of bail.

6. Considering the aforesaid facts and circumstances and by taking note of fact, as petitioner is a brother-in-law, claiming to live separately prior to the occurrence, accordingly, above named petitioner, in the event of his arrest or surrender before the learned trial Court, within a period of four weeks of the order, is directed to be released on bail furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Nawada/concerned Court, where the case is pending in connection with Nawada (Town) P.S. Case No. 786 of 2017 subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Chandra Shekhar Jha, J) veena/- U T