Kundan Prasad @ Kundan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.51780 of 2018 Arising Out of PS.Case No. -97 Year- 2017 Thana -NADI P.S. District- PATNA ====================================================== Kundan Prasad @ Kundan Kumar S/o Ashok Kumar, R/o Vill.- Maujipur, P.S.- Nadi, Distt.- Patna.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Prem Ranjan Kumar For the Opposite Party/s : Mr. Mukeshwar Dayal ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 08-10-2018 Heard the learned counsel for the petitioner and the learned A.P.P. for the State.

This is an application for grant of anticipatory bail in connection with Nadi P.S. Case No. 97 of 2017 registered for the offence punishable under Sections 304(B)/34 of the Indian Penal Code.

The allegation against the accused persons including the petitioner is that the victim lady used to be tortured for want of dowry and when the demand for dowry was not met, the victim lady was killed.

The learned counsel for the petitioner has submitted that the petitioner is not a relative of the victim lady and he is a stranger, living in the same village, hence has got nothing to do with the alleged incident as well as no case is made out, as against

Patna High Court Cr.Misc. No.51780 of 2018 (2) dt.08-10-2018 2/2 the petitioner herein, under Section 304B of the I.P.C. The petitioner is said to be having a clean antecedent. It is further submitted that in fact Dewar of the victim lady has also been granted bail by an order dated 25.06.2018 passed in Criminal Misc. No. 24419 of 2018.

Having regard to the facts and circumstances of the case, I deem it fit and proper to enlarge the petitioner, above named, in the event of his arrest or surrender before the court below within a period of four weeks from today, 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 learned A.C.J.M.-V, Patna City (Patna) in connection with Nadi P.S. Case No. 97 of 2017 subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Mohit Kumar Shah, J) S.Sb/- U T