Sachin Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.34207 of 2023 Arising Out of PS. Case No.-27 Year-2023 Thana- RAGHOPUR District- Vaishali ====================================================== SACHIN KUMAR Son of Suneshwar Rai @ Suneshwar Ray Resident of village - Rustampur Tin Pairiya, P.S.- Raghopur (Rustampur O.P.), District - Vaishali ... ... Petitioner/s

Versus

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

For the Petitioner/s :

None For the Opposite Party/s :

Mr. Madhuri Lata, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 26-07-2023 No one appears on call.

The petitioner apprehends his arrest in connection with Raghopur (Rustampur O.P.) P.S. Case No. 27 of 2023 for the offence punishable under Sections 304 (B)/34 I.P.C lodged on 04.02.2023 by the informant Dilip Kumar.

As per the prosecution story, the allegation is that informant's sister married Kundan Kumar but was tortured for dowry and ultimately allegation is that she was killed. Accordingly, to the FIR.

As per the petition, the petitioner is the brother-in-law (Devar), is a student, and do not have criminal antecedent and he is only nineteen years of age.

Learned APP opposes the prayer.

Patna High Court CR. MISC. No.34207 of 2023(2) dt.26-07-2023 2/3 Taking into account the aforesaid facts, this Court is inclined to extend him the privilege of anticipatory bail with conditions.

Let the petitioner, in the event of his arrest or surrender within a period of four weeks from the date of the receipt of the order, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of like amount each to the satisfaction of Miss. Shikha Kumari, learned Judicial Magistrate 1st Class, Vaishali at Hajipur in connection with Raghopur (Rustampur O.P.) P.S. Case No. 27 of 2023 subject to condition as laid down under Section 438(2) of the Cr.P.C. (i) one of the bailor should be the family member of the petitioner who shall provide official document to show his bona fide;

(ii) the petitioner shall appear on each and every date before the Trial Court and failure to do so for two consecutive dates without plausible reason will entail cancellation of his bail bond by the Trial Court itself;

(iii) the petitioner shall in no way try to induce or promise or threat the witnesses or tamper with the evidences, failing which the State shall be at liberty to take steps for cancellation of the bail bonds;

Patna High Court CR. MISC. No.34207 of 2023(2) dt.26-07-2023 3/3 (iv) the petitioner shall desist from committing any criminal offence again, failing which the State shall be at liberty to take steps for cancellation of his bail bonds. With the aforesaid observations, the anticipatory bail application is allowed.

(Rajiv Roy, J) Jagdish/- Jyoti/- U