Mukesh Kumar @ Mukesh Prasad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.51727 of 2017 Arising Out of PS.Case No. -517 Year- 2016 Thana -MUFFASIL DistrictWESTCHAMPARAN(BETTIAH) ======================================================

1. MUKESH KUMAR @ MUKESH PRASAD, son of Sri Dinesh Prasad, resident of village- Machhargawan, P.S.- Jogapatti, District- West Champaran .... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Umesh Chandra Verma, Advocate For the Opposite Party/s : Mr. Sanjay Kumar Tiwary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 2/ 07-11-2017 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner apprehends his arrest in Bettiah Muffasil P.S. Case No.517 of 2016 instituted for the offence under Section(s) 304-B/34 Indian Penal Code.

Counsel for the petitioner has submitted that he is cousin brother of husband of the deceased. He lives separate from husband of the deceased. He has no criminal antecedents. In the written report, there is general and omnibus allegation against the petitioner.

In the facts and circumstances of the case, prayer of the petitioner for grant of anticipatory bail is allowed. In the event of surrender/arrest of the petitioner, named above, within

Patna High Court Cr.Misc. No.51727 of 2017 (2) dt.07-11-2017 2/2 six weeks from today in connection with Bettiah Muffasil P.S. Case No.517 of 2016, he shall be released on anticipatory bail on furnishing bail bond of `10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, West Champaran at Bettiah, subject to the conditions as laid down under Section 438(2) Cr. P. C. with further conditions: (1) bailors should be local having sufficient immovable property within the jurisdiction of the court concerned, (2) petitioner shall cooperate in the trial and shall be present on each and every date fixed by the court and absence on two consecutive dates without proper and reasonable reason will automatically cancel bail bond of the petitioner and (3) if petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner.

(Sanjay Priya, J) JA/- U T