Dhananjay Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.16220 of 2023 Arising Out of PS. Case No.-884 Year-2022 Thana- GAYA MUFASIL District- Gaya ====================================================== DHANANJAY KUMAR SON OF VINAY SINGH R/O VILLAGEMUBARAKCHAK, P.S.- MUFFASIL, DISTRICT- GAYA ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Vinod Kumar For the State :

Mr.Umanath Mishra For the informant :

Mr. Udai Shankar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 13-12-2023

1. Heard learned Counsel for the petitioner, learned Counsel for the informant and learned Additional Public Prosecutor for the State.

2. This application, for grant of anticipatory bail, arises out of Mufassil Police Station Case No. 884 of 2022, dated 03.11.2022, disclosing offences punishable under Sections 304-B/201/34 of the Indian Penal Code.

3. The prosecution case, as per the First Information Report, is that the petitioner, along with the other FIR-named accused persons killed the daughter of the informant due to non-fulfillment of the demand of dowry.

4. Learned Counsel for the petitioner submits that the petitioner has not committed any offence in the manner

Patna High Court CR. MISC. No.16220 of 2023(3) dt.13-12-2023 2/3 alleged and he has been implicated in this case merely on suspicion. He further submits that the petitioner is a stranger and he is not related either to the family of the deceased or the family of her in-laws. He next submits that killing of the deceased at the hands of the accused persons is totally a concocted story inasmuch as the deceased was suffering from lung cancer and she died due to that ailment.

5. Regards being had to the submissions advanced on behalf of the parties and taking into consideration the fact that the petitioner is not related to the family of the husband of the deceased and the deceased was suffering from lung cancer, for which she was treated at AIIMS, Patna, as well as Sanjay Gandhi Post Graduate Institute of Medical Sciences, Lucknow, I am inclined to grant the petitioner privilege of anticipatory bail.

6. This application is, accordingly, allowed.

7. Let the petitioner, above named, in the event of his arrest or surrender before the Court below within a period of four weeks from today, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned

Patna High Court CR. MISC. No.16220 of 2023(3) dt.13-12-2023 3/3 Chief Judicial Magistrate, Gaya, in connection with Mufassil Police Station Case No. 884 of 2022, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.

(Anil Kumar Sinha, J.) Prabhakar Anand/- U √ T √