Love Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.50768 of 2015 Arising Out of PS.Case No. -29 Year- 2015 Thana -ALAMGANJ District- PATNA ====================================================== Love Kumar Son of Bhola Thakur @ Bhola Nath Thakur Resident of Village- Kansara, P.S. Rajapakar, District Vaishali. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Pravin Kumar,Advocate For the Opposite Party/s : APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 06-11-2015 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner apprehends his arrest for the offences alleged under Section 306 of the Indian Penal Code and Sections 3 and 4 of the D.P.Act registered in connection with Alamganj P.S. Case No. 29 of 2015.

3. It is submitted that the petitioner has been falsely implicated as he is the brother of the deceased's husband. It is submitted that the deceased had solemnized love marriage with the petitioner's brother who is employed in the Air Force and was living separately. Similarly situated co-accused Bhola Nath Thakur and Shobha Sharma, being the parents of the petitioner have been granted anticipatory bail by this Court in Cr. Misc. No. 20920 of 2015.

4. Having regard to the entirety of the facts and circumstances of the case, in the event of the petitioner's arrest or

Patna High Court Cr.Misc. No.50768 of 2015 (2) dt.06-11-2015 surrender before the court below within six weeks from the date of communication of this order, let the above named petitioner be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of like amount each to the satisfaction of learned Addl. Chief Judicial Magistrate, Patna City, in connection with Alamganj P.S. Case No. 29 of 2015 subject to the conditions as laid down under Section 438 (2) Cr.P.C., and also subject to the following further conditions:

(i) The petitioner shall cooperate with the investigation and make himself available as and when so required and in case of failure, the State shall be at liberty to move for cancellation of bail. (ii) The petitioner shall remain physically present on each and every date during trial and in the event of failure on two consecutive dates, his bail bond shall be liable to be cancelled by the learned Court concerned.

(Vikash Jain, J) Chandran U T