Munn Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.43022 of 2021 Arising Out of PS. Case No.-381 Year-2020 Thana- GRIYAK District- Nalanda ====================================================== 1.

MUNNA KUMAR Son of Ashok Kumar Resident of Village - Ghosrawan, P.S.- Giriyak, Distt.- Nalanda.

2.

Nitish Kumar Son of Anuj Kumar Resident of Village - Ghosrawan, P.S.- Giriyak, Distt.- Nalanda.

3.

Anuj Kumar Son of Late Vaso Raut Resident of Village - Ghosrawan, P.S.- Giriyak, Distt.- Nalanda.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Pramod Kumar Sinha, Advocate For the Opposite Party/s :

Mr.Akhileshwar Dayal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 18-07-2022 Learned counsel for the petitioners, at the outset, seeks permission to make rectification in the cause title portion of the anticipatory bail application.

Permission is accorded.

Heard learned counsel for the petitioners and learned A.P.P. for the State.

The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 302, 201 and 34 of the Indian Penal Code.

Learned counsel for the petitioners submits that the petitioners are persons with clean antecedent and the informant

Patna High Court CR. MISC. No.43022 of 2021(2) dt.18-07-2022 2/3 alleges that his sister was married with Sunil Kumar in the year 2008, her husband used to assault her and on 14.10.2020, he got information on his mobile that his sister has died, accordingly he went to the place of occurrence but he did not find anyone in the house and the dead body of his sister was also not there thus alleges that the accused persons including the petitioners killed his sister.

Learned counsel for the petitioners submits that the petitioner nos. 1 and 2 are nephew of the husband of the deceased and petitioner no.3 is elder brother of the husband of the deceased, it is next submitted that marriage was 12 years old and no case in the meanwhile came to be instituted. The informant is not an eyewitness to the occurrence, the entire allegation hinges around suspicion and the husband of the deceased is in custody.

Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioners.

Considering the submissions made by the learned counsel for the petitioners, the petitioners above-named, in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 5,000/- (Rupees

Patna High Court CR. MISC. No.43022 of 2021(2) dt.18-07-2022 3/3 Five Thousand) each with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/successor court in connection with Giriyak P.S. Case No. 381 of 2020 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

(Satyavrat Verma, J) Rishi/- U T