Prakash Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.12400 of 2020 Arising Out of PS. Case No.-684 Year-2019 Thana- MASAUDHI District- Patna ====================================================== Prakash Kumar S/o Ram Lal Sharma Resident of Mohalla - New Etwarpur, Kurthaul, P.O. - Kurthaul, and P.S. - Parsa, District - Patna, Pin-804453. ... ... Petitioner

Versus

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

For the Petitioner :

Mr.Anshuman Jaipuriyar, Advocate For the Opposite Party :

Mr.Satya Nand Shukla, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 03-07-2020 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State via video conferencing.

The petitioner seeks pre-arrest bail in connection with Masaurhi P. S. Case No.684 of 2019 registered under Sections 304-B/201/34 of the Indian Penal Code.

It is submitted by the learned counsel for the petitioner that the petitioner is a stranger to the family of the victim and her husband. He is not named in the FIR. His name transpired during investigation only on the basis that he is owner of a Hero Honda motorcycle, which was used for disposing of the body of the deceased. He contended that even if, it is presumed that the motorcycle of the petitioner was used for disposing of the body, at best, the ingredients of the offence punishable under Section

Patna High Court CR. MISC. No.12400 of 2020(2) dt.03-07-2020 2/2 201 of the Indian Penal Code would be attracted against the petitioner, which is bailable in nature. As far as Section 304-B of the Indian Penal Code is concerned, the ingredients of the offence would not be attracted against the petitioner, as he is not related to the husband of the deceased.

Learned Additional Public Prosecutor for the State has opposed the prayer for grant of pre-arrest bail to the petitioner. However, he admits that the petitioner is a stranger to the family of the husband of the deceased.

Considering the submissions advanced on behalf of the parties, the petitioner named above is directed to be released on bail, in the event of arrest or surrender before the court below, on furnishing bail bond of Rs.10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned ADJ, Masaurhi, Patna in Masaurhi P. S. Case No.684 of 2019, subject to the conditions as laid down under Section 438 (2) of the Code of Criminal Procedure. (Ashwani Kumar Singh, J) kanchan/- U T