Umesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.26801 of 2020 Arising Out of PS. Case No.-113 Year-2019 Thana- KATHAIYA District- Muzaffarpur ====================================================== Umesh Kumar, aged about 27 years, Son of Chotelal Rai Resident of Village - Aswari, P.S.- Kathaiya, District - Muzaffarpur. ... ... Petitioner

Versus

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

For the Petitioner :

Mr. Nachiketa Jha, Advocate For the Opposite Party :

None ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 05-01-2021 Heard learned counsel for the petitioner. No one appears on behalf of the State although name of the Advocate General appears in the cause list.

The petitioner is apprehending arrest in connection with Kathaiya P.S. Case No. 113 of 2019 for offences under Sections 304(B) and 201/34 of the Indian Penal Code. Learned counsel appearing on behalf of the petitioner would submit that the petitioner has no criminal antecedent. He submits that the petitioner has no concern with the family of the deceased and her husband. Petitioner is the younger brother-inlaw of the husband of the deceased and as such, he has been implicated in the case.

Considering the fact that no specific role has been attributed to the petitioner, the Court is inclined to grant the

Patna High Court CR. MISC. No.26801 of 2020(3) dt.05-01-2021 2/2 privilege of anticipatory bail to him. Let the petitioner, abovenamed, in the event of arrest or surrender within one month from today, be released on bail on furnishing bail bond of Rs. 25,000/- (Rupees twenty five thousand) each with two sureties of the like amount each to the satisfaction of Mr. Hemant Kumar, Judicial Magistrate, 1st Class, Muzaffarpur in connection with Kathaiya P.S. Case No. 113 of 2019, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. However, the petitioner shall cooperate in early disposal of the trial. In the event there is any laches on the part of the petitioner, the court below shall be at liberty to cancel his bail bond.

(Anil Kumar Upadhyay, J) BT/- U T