Deepak Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.31749 of 2014 Arising Out of PS.Case No. -7 Year- 2011 Thana -NAWADA MUFFASIL District- NAWADA ======================================================

1. Deepak Kumar S/o Sri Achhtanandan Singh @ Accho Singh Resident of Village Kendua, P.S. Muffasil and District Nawada. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Bhola Kumar For the Opposite Party/s : Mr. Sanjay Kr.Tiwary 1(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 15-04-2015 Heard learned counsel for the petitioner as well as learned counsel for the State.

In this application for anticipatory bail the petitioner apprehends his arrest for the offences punishable under sections 498 A, 304 B and 201/34 of the I.P.C and section 3/5 Dowry Prohibition Act.

Daughter of the informant married with the petitioner was done to death by the petitioner and others due to non fulfillment of demand of dowry.

Submission is of false implication and that wife of the petitioner died due to cardio-respiratory arrest during course of treatment for which certificate granted by the doctor of Sadar Hospital, Nawada vide Annexure-2 is attached. The complaint

Patna High Court Cr.Misc. No.31749 of 2014 (3) dt.15-04-2015 2/2 case has been filed after delay of 23 days only with a view to harass the petitioner and others. Now the complainant after realizing the facts has filed compromise petition also and accordingly father-in-law has been granted regular bail and as such the petitioner deserves sympathetic consideration, to which the learned A.P.P. opposes.

Considering that the doctor of Sadar Hospital, Nawada where the daughter of the informant was admitted has opined that the deceased died due to cardio-respiratory arrest during treatment and the complaint case has been filed after delay of 23 days and as later on the complainant has filed compromise petition also in the court below and as such in the peculiar facts and circumstances the petitioner in case of his arrest or surrender within two months from the date of receipt/production of a copy of this order shall 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. C.J.M. Nawada in Mufassil (Nawada) P.S. Case No. 07 of 2011, subject to the conditions as laid down in section 438 (2) of the Cr.P.C.

(Jitendra Mohan Sharma, J) Abhay/- U T