Shiv Kumar Bind v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.25132 of 2021 Arising Out of PS. Case No.-147 Year-2019 Thana- BIND District- Nalanda ====================================================== 1.

SHIV KUMAR BIND SON OF LATE JAGO JAMADAR R/O VILLAGEBIND, P.S.- BIND, DISTT.-NALANDA 2.

MALO DEVI W/O SHIV KUMAR BIND R/O VILLAGE- BIND, P.S.- BIND, DISTT.-NALANDA ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ram Tujabh Singh, Advocate For the Opposite Party/s :

Mr. Sunil Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 17-02-2022 Heard learned counsel for the petitioners and learned APP for the State.

Learned counsel for the petitioners is expected to honour his undertaking given in the instant case for depositing the requisite court fee and to remove the defect(s) as pointed out by the office when called upon to do so by the office. The petitioners are apprehending their arrest in a case registered for the offences punishable under Sections 304(B)/34 of the Indian Penal Code.

It is a case of dowry death of informant's daughter, namely, Radhika Kumari, due to non-fulfilment of dowry demand.

It is submitted by learned counsel for the petitioners that the petitioners have falsely been implicated in this case. He further submits that the main accused is the husband of the deceased, namely, Ravishankar Kumar who has already been

Patna High Court CR. MISC. No.25132 of 2021(3) dt.17-02-2022 2/2 acquitted by the trial Court as the prosecution witnesses do not support the prosecution case and judgment of the trial Court is annexed as Annexure-2 to this petition. He further submits that from perusal of paragraphs 21, 22 and 23 of the case diary, witnesses have stated that the deceased committed suicide. He further submits that the petitioners are father-in-law and motherin-law of the deceased and they are separate in the mess and business with deceased and her husband.

Learned APP appearing for the State has opposed the prayer for anticipatory bail.

In the facts and circumstances of the case, let the petitioners, above named in the event of their arrest or surrender before the court below within a period of four weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of Sri Avinash Kumar, Judicial Magistrate, Ist Class, Nalanda at Biharsharif in connection with Bind P.S. Case No. 147 of 2019, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. brajesh kumar/- (Sunil Kumar Panwar, J) U T