Ankush Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.16861 of 2022 Arising Out of PS. Case No.-157 Year-2021 Thana- KUTUMBA District- Aurangabad ====================================================== ANKUSH KUMAR S/O SURESH MEHTA R/o village- Dadhpa Bigha, P.S.- Kutumba, District- Aurangabad ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Md. Aslam Ansari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 23-09-2022 Heard learned counsel for the petitioner and learned A.P.P. for the State through virtual court proceedings. The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 304(B) and 34 of the Indian Penal Code.

Learned counsel for the petitioner submits that the petitioner is a person with clean antecedent and the informant alleges that he had solemnized his daughter's marriage to Lav Kumar Mehta on 14.05.2021 and had given gifts as per ability but after few days of marriage the accused persons, including the petitioner, started demanding Rs. 5 lakh by way of dowry, it is next alleged that thereafter the in-laws of his daughter stopped talking to her and stopped giving her food and further tortured and further on 22.09.2021 informant came to know that his

Patna High Court CR. MISC. No.16861 of 2022(2) dt.23-09-2022 2/3 daughter had been murdered by the accused persons, including the petitioner, accordingly he reached the place of occurrence and on seeing the informant the accused persons started fleeing and he saw the dead body of his daughter lying in a sack and she was strangulated by a rope.

Learned counsel for the petitioner submits that petitioner has been falsely implicated in the present case, it is next stated that informant is not an eye-witness to the occurrence, it is also submitted that the allegation of demand of dowry, as far as the petitioner is concerned, is general and omnibus in nature. It is also submitted that the husband of the deceased is in custody and the petitioner is the brother-in-law of the deceased.

Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner.

Considering the submissions made by the learned counsel for the petitioner, the petitioner above-named, in the event of his arrest or surrender before the learned trial court within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned trial court where the case

Patna High Court CR. MISC. No.16861 of 2022(2) dt.23-09-2022 3/3 is pending/successor court in connection with Kutumba P.S. Case No. 157 of 2021 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

(Satyavrat Verma, J) Shivam/- U T