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Patna High CourtCR. MISC./14198/2020partly allowed disposal

Manish Kumar v. The State Of Bihar

2020-07-01Mr. Justice Dr. Anil Kumar Upadhyay2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.14198 of 2020 Arising Out of PS. Case No.-150 Year-2018 Thana- NALANDA District- Nalanda ====================================================== 1.

Manish Kumar Son of Shivkumar Prasad @ Sima Prasad Resident of Village - Jagdishpur, P.S. - Nalanda, District - Nalanda. 2.

Rina Devi @ Anita Kumari D/O Shivkumar Prasad @ Sima Prasad W/o Jainendra Kumar resident of Village - Jagdishpur, P.S. - Nalanda, District - Nalanda at present resident of Tina Lodipur, P.S. - Nagarnausa, District - Nalanda.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sanjay Prasad For the Opposite Party/s :

Mr.Mukeshwar Dayal ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 01-07-2020 Heard learned counsel for the petitioners and the counsel appearing on behalf of the State.

Petitioner no.1, Dewar of the deceased and petitioner no.2 married Nanad are apprehending arrest in connection with Nalanda P.S. Case No. 150 of 2018 for the offence under sections 304B, 201/34 of the Indian Penal Code. Learned counsel for the petitioners submits that petitioners have no criminal antecedent.

Considering the fact that petitioner no.2 is married Nanad of the deceased, the Court is inclined to grant anticipatory bail to the petitioner No.2, let the petitioner No.2, Rina Devi @ Anita Kumari in the event of arrest or surrender

Patna High Court CR. MISC. No.14198 of 2020(2) dt.01-07-2020 2/2 before the court below within a period of four weeks from the date of receipt/production of a copy of this order, be enlarged on bail on furnishing bail bond of Rs. 25,000/- (Twenty five thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M.-1st, Nalanda, in connection with Nalanda P.S. Case No. 150 of 2018 subject to the condition as laid down under section 438(2) of the Cr.P.C. So far as petitioner no.1 is concerned, the court is not inclined to grant anticipatory bail. Accordingly, the prayer for anticipatory bail of the petitioner no.1 is rejected. However, the petitioner no.1 may surrender before the court below and prays for regular bail which will be considered by the court below on its own merit on the same day without being influenced by refusal to grant anticipatory bail in the present case.

(Anil Kumar Upadhyay, J) Ravi/- U T