Shubham Kumar @ Monu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.32593 of 2021 Arising Out of PS. Case No.-743 Year-2020 Thana- HAJIPUR SADAR District- Vaishali ====================================================== SHUBHAM KUMAR @ MONU KUMAR S/O Medhan Singh R/o VillageRam Bhadra Devi Sthaan, P.S. - Hajipur Town, District - Vaishali. ... ... Petitioner/s

Versus

1.

THE STATE OF BIHAR 2.

VIJAY SINGH S/O Late Ram Narayan Singh R/O Village - Dighi Khurd, P.S. - Hajipur Sadar, District - Vaishali.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Nikhil Kumar Agrawal For the Opposite Party/s :

Mr.Satyadeo Singh Yadav, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 16-07-2021 Heard learned counsel for the petitioner and learned APP for the State through virtual mode.

Learned counsel for the petitioner is directed to remove the defects, as pointed out by the Office, within a period of four weeks from the date of restoration of normalcy. The petitioner is apprehending his arrest in a case registered under Sections 304B and 34 of the Indian Penal Code.

Allegation against the accused persons is of committing torture and assault and thereafter caused death of the victim due to non-fulfilment of demand of dowry. It has been submitted on behalf of the petitioner that

Patna High Court CR. MISC. No.32593 of 2021(2) dt.16-07-2021 2/3 the petitioner has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. The petitioner has falsely been implicated in the present case. The case was instituted under Section 304B IPC. Subsequently, in course of investigation, the case has been found to be false. At best, it is a case for an offence under Section 306 IPC.

On behalf of the State, it is submitted that the petitioner is named in the F.I.R.

Considering the aforesaid facts and circumstances and also the lockdown, the petitioner, above named, in the event of arrest/surrender before the learned court below within a period of twelve weeks from today, be released on anticipatory bail on his personal bond to the satisfaction of learned Chief Judicial Magistrate, Vaishali at Hajipur in connection with Hajipur Town P.S. Case No. 743/2020, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

Once the normalcy is restored, the petitioner shall furnish bail bonds of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each within a period of eight weeks to the satisfaction of the Court concerned in connection

Patna High Court CR. MISC. No.32593 of 2021(2) dt.16-07-2021 3/3 with the aforesaid case.

(Sudhir Singh, J) Pankaj/- U T