Surendra Mishra v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.38884 of 2018 Arising Out of PS.Case No. -132 Year- 2018 Thana -MARHAURA District- SARAN ======================================================
1. Surendra Mishra S/o Nawhak Mishra R/o Village - Mubarakpur (Kharauna), P.S. Marhauraha, Distt. - Saran at Chapra. .... .... Petitioner
Versus
1. The State of Bihar.
.... .... Opposite Party ====================================================== Appearance :
For the Petitioner/s : Mr. Nawal Kishore Singh, Advocate For the Opposite Party/s : Smt. Rita Verma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 10-07-2018 Heard learned counsel for the petitioner and learned Additional Public Prosecutor of the State.
The petitioner is apprehending his arrest in connection with Marhauraha P.S. Case No. 132 of 2018, registered for offences punishable under Sections 304(B) and 201/34 of the Indian Penal Code.
The allegation against the petitioner, who is father-inlaw of the informant (deceased), is of killing due to nonfulfillment of demand of dowry and her dead body was disposed of.
Submission of the learned counsel for the petitioner is that as a matter of fact, the deceased was suffering from deceases and she has no issue and in course of treatment, she has died. It is also submitted that there is no specific allegation against the petitioner.
Patna High Court Cr.Misc. No.38884 of 2018 (2) dt.10-07-2018 2/2 Learned Additional Public Prosecutor opposes the prayer of bail.
Having heard both sides and in view of the facts and circumstances, as discussed above, let the petitioner, above named, in the event of his arrest or surrender before the Court below within a period of six weeks from the date of the order, be released on anticipatory bail on furnishing bail bond of Rs. 25,000/- (Twenty five thousand) with two sureties of the like amount each in connection with Marhauraha P.S. Case No. 132 of 2018 to the satisfaction of learned Additional Chief Judicial Magistrate-XIII, Saran at Chapra, subject to the conditions laid down under Section 438 (2) Cr.P.C. with other that bailors should be local having sufficient immovable property within the jurisdiction of the Court concerned and petitioner shall cooperate in the investigation and shall be present before the police as and when required, otherwise prosecution is at liberty to move for cancellation of his bail bonds.
(Vinod Kumar Sinha, J) Sudha/- U T