Arvind Kumar Rai v. The State Of Bihar

Patna High Court Cr.Misc. No.49494 of 2017 (5) dt.30-11-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.49494 of 2017 Arising Out of PS.Case No. -269 Year- 2013 Thana -JANDAHA District- VAISHALI(HAJIPUR) ======================================================

1. Arvind Kumar Rai S/o Shatrudhan Rai, R/o Village- Arniya, P.S.- Jandaha, District- Vaishali.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Manish Chandra Gandhi, Adv. For the Opposite Party/s : Mr. Sri Kumar Ranjit Ranjan, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 30-11-2017 Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State.

This application, for grant of anticipatory bail, arises out of Jandaha Police Station Case No. 269 of 2013, disclosing offences under Sections 302, 201/34 of the Indian Penal Code. Learned counsel for the petitioner has submitted that the petitioner, who is of clean antecedent, is innocent and has not committed any offence. In fact, the daughter of the informant was suffering form several ailments and during course of treatment, she died, which is evident from annexures- 5 and 6. The police after investigation has submitted final form in this case finding the case to be false, which is evident from annexure-2. The petitioner happens to be husband of the

Patna High Court Cr.Misc. No.49494 of 2017 (5) dt.30-11-2017 deceased has made all possible efforts to save the life of her wife but her life could not be saved. Moreover, the parties have settled their dispute and informant has filed a compromise petition before the lower court. Hence, the petitioner deserves the privilege of anticipatory bail.

Considering the facts and circumstances of the case, 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/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Vaishali at Hajipur, in connection with Jandaha Police Station Case No. 269 of 2013, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.

(Arvind Srivastava, J) brajesh/- U T