Kundan Kumar And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.16356 of 2019 Arising Out of PS. Case No.-602 Year-2018 Thana- BEGUSARAI MUFFASIL DistrictBegusarai ====================================================== 1.

KUNDAN KUMAR, Son of Sagun Sah @ Ram Sagun Sah 2.

Indu Devi, W/o Sagun Sah @ Ram Sagun Sah Both are residents of Village- Nagdah, P.S.- Muffasil (Singhaul), DistrictBegusarai. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Nakul Kumar Jamuar For the Opposite Party/s :

Ms. Gulnar Begum ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 15-03-2019 Heard learned Counsel for the petitioners and learned Additional Public Prosecutor for the State.

This application, for grant of anticipatory bail, arises out of Muffasil (Signaul) Police Station Case No. 602 of 2018, disclosing offences under Sections 304B/34 of the Indian Penal Code and Section 27 of the Arms Act.

The deceased has been shot dead. She was married to the son of petitioner no. 2 on 19.04.2018. The deceased was killed on 09.10.2018. There is allegation of demand of dowry. All the accused persons have been named in the First Information Report for their involvement in demand of dowry. So far as husband of the deceased is concerned, there is

Patna High Court CR. MISC. No.16356 of 2019(2) dt.15-03-2019 2/3 allegation in the First Information Report that he might have killed the deceased and family members including these petitioners must have connived with him in the said killing. Learned Counsel appearing on behalf of the petitioners has submitted that the main accused is in custody and these petitioners have been implicated only because they are family members of the husband of the deceased. Considering the nature of accusation made in the First Information Report, in my opinion, a case for grant of privilege of anticipatory bail is made out.

This application is, accordingly, allowed.

Let the petitioners, above named, in the event of their arrest or surrender before the Court below within six weeks, 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 Chief Judicial Magistrate, Begusarai, in connection with Muffasil (Singhaul) Police Station Case No. 602 of 2018, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.

This is subject to the condition that the petitioners shall present themselves before the police/Court, as the case may be, as and when required and in the event of failure on their

Patna High Court CR. MISC. No.16356 of 2019(2) dt.15-03-2019 3/3 part to appear before the Court on two consecutive occasions, their bail bonds shall be liable to be cancelled. (Chakradhari Sharan Singh, J.) ragini/- U √ T √