Sunil Kumar Das @ Sunil Das v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.37183 of 2018 Arising Out of PS.Case No. -135 Year- 2017 Thana -DHORAIYA District- BANKA ====================================================== SUNIL KUMAR DAS @ SUNIL DAS, S/o late Paroki Das @ Govind Das, R/o Vill.- Potiya, P.S.- Dhoraiya, District- Banka. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Brij Nandad Prasad, Adv. For the Opposite Party/s : Mr. Satyaendra Narayan Das, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 28-06-2018 Heard learned counsel for the petitioner and learned A.P.P for the State.

The petitioner, in the present case, is seeking regular bail in connection with Dhoraiya P.S. Case No. 135/2017 for the offences punishable under Section 304 (B)/34 of the Indian Penal Code.

Petitioner is said to be the younger brother of the husband of the deceased. Marriage is said to have been solemnized between the deceased and the elder brother of this petitioner sometime in the year 2014.

Learned counsel for the petitioner submits that the petitioner has been falsely implicated in the present case only because he happened to be the younger brother of the husband of the deceased. It is submitted that he is living separately in mess

Patna High Court Cr.Misc. No.37183 of 2018 (2) dt.28-06-2018 and business. Learned counsel further points out that the coaccused Pushpa Devi and Khusbhu Devi, who are the wives of the other brothers of the deceased, have been granted the privilege of anticipatory bail by this Court in Cr.Misc.No.20472/2018. It is further submitted that the father-in-law and elder brother of the husband of the deceased have also been granted regular bail by a learned Co-ordinate Bench of this Court in Cr.Misc.No.161/2018. Learned A.P.P for the State is present and has opposed the prayer for bail.

Considering the facts and circumstances of the case whereunder this petitioner is said to be the younger brother of the husband of the deceased and that the co-accused of the case have been granted privilege of anticipatory bail and regular bail by a learned Co-ordinate Bench of this Court and there being no specific allegation against this petitioner, let the petitioner, above named, be enlarged on bail on furnishing bail bond of Rs. 15,000/- (fifteen thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-IV, Banka, in connection with Dhoraiya P.S. Case No. 135/2017, subject to the conditions U/S 437(3) Cr.P.C.

(Rajeev Ranjan Prasad, J) Arvind/R.R.Ojha U T