Mithilesh Kumar @ Mithlesh Kumar v. The State Of Bihar

Patna High Court Cr.Misc. No.63718 of 2017 (2) dt.12-01-2018

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.63718 of 2017 Arising Out of PS.Case No. -96 Year- 2017 Thana -AGAMKUAN District- PATNA ======================================================

1. Mithilesh Kumar @ Mithlesh Kumar S/o Chandeshwar Mahto, R/o Village- Jahanpur, P.O.- Pabhera, P.S.- Dhanrua, District- Patna. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mrs. Mira Kumari For the Opposite Party/s : Smt. Suman Kumari Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 12-01-2018 Heard both sides.

The petitioner apprehends his arrest in Agamkuan P.S. Case No.96 of 2017 registered under Sections 302, 201 and 34 of the Indian Penal Code.

The father of the deceased alleged that his daughter was married to Shashmit Kumar in the year 2009 but Shashmit Kumar, the husband of his daughter was always tortured his daughter due to non-fulfillment of demand of dowry. On 01.03.2017, the informant came to know that his daughter was killed by her husband and other in-laws.

The learned counsel for the petitioner submits that the petitioner is mausa, the maternal uncle of husband of the deceased. There is no specific allegation against the petitioner. Petitioner has

Patna High Court Cr.Misc. No.63718 of 2017 (2) dt.12-01-2018 no manner of concern with the family affairs of the deceased and her husband. Another 'mausa' namely Shailendra Prasad has already been enlarged on anticipatory bail by the order passed in Cr. Misc. No.55590 of 2017.

Considering the facts aforesaid and the nature of allegation made against the petitioner, the petitioner, above named, in the event of his arrest or surrender before the learned court below within a period of four weeks from the date of receipt/production of a copy of this order is directed to be enlarged 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 Addl. Chief Judicial Magistrate 1st, Patna City in connection with Agamkuan P.S. Case No.96 of 2017, subject to conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Prabhat Kumar Jha, J) Saurabh/- U T