Mukesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.28259 of 2020 Arising Out of PS. Case No.-119 Year-2019 Thana- BHAGWANPUR District- Vaishali ====================================================== MUKESH KUMAR S/o Jagarnath Rai R/o Village- Ratanpura, P.S.- Bhagwanpur, District- Vaishali.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Dinesh Jha, Advocate For the Opposite Party/s :

Mr. Shyam Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 27-01-2021 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner is apprehending his arrest in a case registered for the offences punishable under Sections 302/201/34 of the Indian Penal Code.

Allegation against the petitioner is that he committed murder of his wife.

Submission is that there is no eyewitness of the occurrence; rather the victim was ill and she was getting treatment by the local doctor vide prescription at Annexure-2. By Annexure-2 the victim was referred to PMCH on 24.05.2019 itself. On the way she died. Thereafter her parental family members came and dead body was cremated and then just to pressurize false case has been lodged. Other co-accused have

Patna High Court CR. MISC. No.28259 of 2020(3) dt.27-01-2021 2/2 been allowed anticipatory bail by order at Annexure-4. Considering the facts aforesaid, let the petitioner, above named, in the event of his arrest or surrender before the Court below within a period of thirty days from the date of receipt of the order, be released on bail on furnishing bail bond of Rs.20,000/- (Twenty Thousand) with two sureties of the like amount each to the satisfaction of the Court-below where the case is pending in connection with Bhagwanpur Police Station Case No. 119 of 2019, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure as well as condition that the petitioner shall fully cooperate with the trial of the case, failing which the court below shall be at liberty to cancel the bail bond of the petitioner.

(Birendra Kumar, J) Mkr./- U T