Prince Kumar @ Prince Kr. Achuk @ Prince Achuk v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.30118 of 2020 Arising Out of PS. Case No.-280 Year-2020 Thana- GOPALGANJ TOWN DistrictGopalganj ====================================================== Prince Kumar @ Prince Kr. Achuk @ Prince Achuk Son of Vyasdev Singh @ Vyasdeo Prasad Singh Resident of Village- Saraiya, Ward No. 13, Police Station- Town, District-Gopalganj.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sunil Prasad Singh, Advocate For the State :

APP For the Informant :

Mr. Ratnakar Ambastha Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 29-01-2021 Heard learned counsel for the petitioner, informant and the learned APP for State.

Learned counsel for the petitioner is expected to honor his undertaking given in the instant case for depositing the requisite court fee and to remove the defects as pointed out by office when called upon.

Petitioner apprehends arrest in connection with Gopalganj PS Case No 280 of 2020, instituted for the offence under Section 304B/34 of the Indian Penal Code. Subsequently, charge sheet has been submitted under Section 306 of the Indian Penal Code.

The petitioner is husband/accused of offence(s) punishable under Section 304 B of the Indian Penal Code. It is submitted that upon investigation, the police had submitted charge sheet under Section 306 of the Indian Penal Code and that the death was due to suicide and not on account of any demand for dowry or torture at the hands of the petitioner.

Patna High Court CR. MISC. No.30118 of 2020(4) dt.29-01-2021 2/2 A supplementary affidavit has been filed and it is submitted by the learned senior counsel that realizing their mistake in implicating the petitioner, the matter has been compromised between the parties.

The learned counsel for the informant does not dispute the aforesaid submissions.

Considering the aforesaid facts, prayer of the petitioner for grant of anticipatory bail is allowed. In the event of surrender/arrest of the petitioner, named above, before the court below, within four (04) weeks from today, he shall be released on anticipatory bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Gopalganj, in connection with Gopalganj PS Case No 280 of 2020, subject to the conditions as laid down under Section 438(2) Cr. P.C. subject to the following conditions:- (i) That one of the bailors will be a close relative of the petitioner who will give an affidavit giving genealogy as to how he is related with the petitioner. The bailor will also undertake to inform the Court if there is any change in the address of the petitioner.

(ii) That the petitioner will be well represented on each date and if he fails to do so on two consecutive dates, his bail bond will be liable to be cancelled.

(Madhuresh Prasad, J) shyambihari/- U T