Vijay Das @ Bijay Das v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.42456 of 2016 ====================================================== Vijay Das @ Bijay Das, Son of Late Albela Das, Resident of Mohalla - Prasad Bigha, P.S. Nawada, District - Nawada .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Deepak Kumar, Advocate For the Informant : Mr. Bimal Kr. Jha, Advocate For the Opposite Party/s : Mr. Dr.Mrityunjaya Kr.Gautam, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 17-10-2016 Heard learned counsel for the petitioner, learned counsel for the ifnormant and learned Additional Public Prosecutor for the State.

This application for grant of anticipatory bail arises out of Nawada Town P.S. Case No. 365 of 2016, disclosing offences under Section 304B of the Indian Penal Code.

The petitioner is the brother of the husband of the deceased.

Learned counsel for the petitioner has submitted that there is no specific allegation against the petitioner of making demand of dowry. He has submitted that the allegations are vague against all the accused persons.

Learned counsel appearing on behalf of the informant has vehemently opposed the prayer for anticipatory bail and has submitted that there being presumption under the law, the

Patna High Court Cr.Misc. No.42456 of 2016 (2) dt.17-10-2016 2/2 petitioner is not entitled for grant of anticipatory bail. However, considering the allegation made in the First Information Report and the submissions made on behalf of the petitioner as noted above, this application is allowed. Let the petitioner, above-named, in the event of his arrest or surrender before the court below within six weeks, be released on bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Nawada in connection with Nawada Town P.S. Case No. 365 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) Vats/-c U T