Kundan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.25840 of 2019 Arising Out of PS. Case No.-37 Year-2018 Thana- PARAIYA District- Gaya ====================================================== Kundan Kumar, Son of Ambika Prasad, Resident of Village - Manjhar, P.S.- Paraiya, Distt - Gaya.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Manish Kumar No.2, Advocate For the Opposite Party/s :

Mr. Yogendra Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 03-07-2019 This is an application for grant of anticipatory bail in connection with Paraiya P.S. Case No. 37 of 2018, disclosing offences under Sections 304B and 34 of IPC.

Written report disclosed that the mother of the deceased has lodged a case that he has received an information that deceased was assaulted by her Devar and thereafter, he was set on fire. She was taken to hospital and during the course of treatment, she died.

Submission of the learned counsel for the petitioner is that the family members of in-laws house of the deceased has taken her for treatment in the hospital that shows the present case is false and concocted. It further appears that she died after five days of the occurrence and the F.I.R. has been lodged after five days delay.

Heard learned A.P.P. also, who has opposed the prayer

Patna High Court CR. MISC. No.25840 of 2019(3) dt.03-07-2019 2/2 for anticipatory bail on the ground that the materials collected during investigation shows the hands of petitioner in the said crime.

Having heard both sides, in view of the facts and circumstances, as stated above, I am not inclined to grant privilege of anticipatory bail to the petitioner, however, the petitioner is directed to surrender before the learned court below and make prayer for regular bail on the basis of materials available on record.

With the aforesaid, this application is dismissed. (Vinod Kumar Sinha, J) Sunil Shukla/- U T