Anil Kumar v. The State Of Bihar

Patna High Court Cr.Misc. No.53648 of 2016 (2) dt.19-12-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.53648 of 2016 Arising Out of PS.Case No. -214 Year- 2016 Thana -PATRAKARNAGAR District- PATNA ====================================================== Anil Kumar, S/o- Late Bibhishan Chaudhary, resident of Bibhishan Kutir, Kanti Factory Road, Mohalla- Gandhi Nagar, P.S.- Patrakar Nagar, DistrictPatna. Presently posted as chief Manager, Bank of Baroda, Bharauch Branch, Gujarat.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Devendra Prasad Singh, Advocate. Ms. Uma Kumari, Advocate.

For the Informant Mr. Harish Kumar, Advocate. For the Opposite Party/s : Mr. Dashrath Mehta, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 19-12-2016 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner apprehends his arrest in connection with Patrakar Nagar P.S. Case No. 214 of 2016, registered under Sections 304(B) and 120(B)/34 of the Indian Penal Code. The accusation is that informant performed the marriage of her daughter Charulata with Mritunjay Deo, son of petitioner, on 27.06.2012 but she was being tortured by her husband and in-laws due to non-fulfillment of demand of cash Rs.15,00,000/-. In the meantime, she was selected as Probationary Officer in the Bank of Baroda and was posted at Patna. The informant gave cash of Rs.2,00,000/- with request to manage remaining amount within two years on asking by the in-laws of her daughter but the daughter of informant was being tortured. On 25.07.2016, informant received information about missing of her

Patna High Court Cr.Misc. No.53648 of 2016 (2) dt.19-12-2016 daughter, on which, she rushed to the Sasural of her daughter and found that the house of the petitioner was locked. Thereafter, the dead body of her daughter was recovered from the house. The Informant raised suspicion against the husband and in-laws of her daughter having hand in the murder of her daughter due to nonfulfillment of demand of remaining cash in dowry. Learned counsel for the petitioner submits that, admittedly, petitioner is the father-in-law of the deceased and at the time of occurrence, he was posted as Chief Manager, Bank of Baroda at Bharauch Branch, Gujrat but he has also been implicated in this case due to ulterior motive. Further submission is that Mritunjai Deo, husband of the deceased, is already in custody.

Having regard to the facts and circumstances of the case, let the above named petitioner be released on bail, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Judicial Magistrate Ist Class, Patna, in connection with Patrakar Nagar P.S. Case No. 214 of 2016, subject to the condition as laid down under Section 438(2) of the Cr.P.C.

(Rajendra Kumar Mishra, J) Bhardwaj/- U T