Pintu Kumar @ Amit v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.42909 of 2017 Arising Out of PS. Case No.-25 Year-2016 Thana- MANER District- Patna ====================================================== Pintu Kumar @ Amit, Son of Late Rajendra Prasad, Resident of Mahinava, Maner, P.S.- Maner, District- Patna.

... ... Petitioner/s

Versus

1.

The State of Bihar.

2.

Seema Devi, Wife of Prem Sao, Resident of Danapur, Takiya Par Bank Colony, P.S.- Danapur, District- Patna.

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

For the Petitioner/s :

Mr. Anuj Dilbar Krishna For the Opposite Party/s :

Mr. SRI RAJENDRA NATH JHA ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 20-09-2017 Heard learned counsel for the parties.

This application for anticipatory bail arises out of Maner P.S.Case N0. 25 of 2016, disclosing offences under Sections 304B/34,201 of the Indian Penal Code.

The petitioner is the husband of the deceased. Learned counsel for the petitioner has submitted that it is evident from the First Information Report that there was no allegation of demand of dowry and, therefore, no offence under Section 304B of the Indian Penal Code is made out. He has also submitted that implication of this petitioner is merely on the basis of conjectures and surmises. According to him, no case can be said to be made out under Section 302 of the Indian

Patna High Court Cr.Misc. No.42909 of 2017(2) dt.20-09-2017 2/2 Penal Code also against the petitioner, there being no such allegation against him.

Considering the above submission, this application is allowed.

Let the petitioner above named in the event of his arrest/surrender within six weeks from today in the Court below, 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 the learned Judicial Magistrate First Class, Danapur ( Patna) in Maner P.S. Case No. 25 of 2016, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

This is subject to the condition that the petitioner shall present himself before the Police/Court, as the case may be, as and when required and in the event of failure on his part to appear before the Court on two consecutive occasions, his bail bonds shall be liable to be cancelled.

(Chakradhari Sharan Singh, J) arun/- U