Mirtunjay Kumar @Mritunjay v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.43115 of 2017 Arising Out of PS.Case No. -169 Year- 2017 Thana -PHULWARI District- PATNA ====================================================== Mirtunjay Kumar @Mritunjay, Son of Sudama Singh, Resident of VillageGajachak Mahamadpur, P.S.- Janipur (Phulwari), District- Patna. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Binod Kumar Sing, Adv. Mr. Satyendra Pd. Singh, Adv.

For the Informant : Mr. Kamlesh Kr. Sharma, Adv. For the State : Mr. Ram Sumiran Roy, APP ======================================================

CORAM:

HONOURABLE MR.

JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 21-09-2017 Heard the parties.

This application, for grant of anticipatory bail, arises out of Phulwari Sarif (Janipur) P.S. Case No. 169 of 2017, disclosing offences under Sections 304(B) and 201/34 of the Indian Penal Code.

The petitioner is the elder brother of the husband of the deceased. From the First Information Report, I notice that there is no allegation of demand of dowry made by the accused persons soon before the death of the deceased. The allegation that the informant was

Patna High Court Cr.Misc. No.43115 of 2017 (2) dt.21-09-2017 2/2 called by the accused persons to their residence first and thereafter, in his presence, the deceased was done to death, does not appear to be probable story. A case for grant of anticipatory bail, in my view, is made out. Considering the facts and circumstances of the case, 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 bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, Ist Class, Patna, in connection with Phulwari Sarif (Janipur) P.S. Case No. 169 of 2017, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.

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

(Chakradhari Sharan Singh, J) Praveen-II/- U T