Anil Thakur @ Anil Kumar Thakur v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.23046 of 2020 Arising Out of PS. Case No.-363 Year-2019 Thana- MAHNAR District- Vaishali ====================================================== Anil Thakur @ Anil Kumar Thakur, son of Shri Ramchandra Thakur, resident of Village Chakesho, P.S. Mahnar, District Vaishali ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Ajay Kumar Thakur For the Opposite Party/s :

Mr. Sanjay Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 25-09-2020 Heard learned Counsel for the petitioner and learned Additional Public Prosecutor appearing for the State, through video conferencing.

The petitioner apprehends his arrest in connection with Mahnar Police Station Case No. 363 of 2019, registered for the offences punishable under Sections 363/306/201/34 of the Indian Penal Code.

The allegation, as per the First Information Report, is that the husband of the informant, on the issue of bringing flour from the market, assaulted his wife, i.e. the informant, brutally and due to which, the daughter of the informant has committed suicide by hanging herself. It has further been alleged that the petitioner, along with the husband of the informant, broke open the door of the room and took away the dead body of the

Patna High Court CR. MISC. No.23046 of 2020(2) dt.25-09-2020 2/3 daughter of the informant and disposed the same. Learned Counsel for the petitioner submits that the petitioner has falsely been implicated in this case without any basis. He further submits that from perusal of the First Information Report, it would be evident that there was a quarrel between the husband and the wife and the daughter of the informant being fed up with the said quarrel committed suicide and the petitioner, being the uncle of the deceased and elder brother of the husband of the informant, has falsely been dragged in this case. He further submits that from perusal of the First Information Report, the ingredients of Section 306 of the Indian Penal Code is not attracted against the petitioner. After having heard learned Counsel for the parties and taking into consideration the materials on record, I am inclined to grant the petitioner privilege of anticipatory bail. This application is, accordingly, allowed.

Accordingly, let the petitioner, above named, in the event of his arrest or surrender before the Court below within a period of six weeks from today, be released on bail, upon furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Vaishali, at Hajipur, in connection

Patna High Court CR. MISC. No.23046 of 2020(2) dt.25-09-2020 3/3 with Mahnar Police Station Case No. 363 of 2019. It is made clear that at the time of furnishing bail bonds, all the parties shall follow the guidelines regarding social distancing.

(Anil Kumar Sinha, J.) Prabhakar Anand/- U √ T √