Mirtunjay Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.37423 of 2024 Arising Out of PS. Case No.-542 Year-2022 Thana- BIKRAM District- Patna ====================================================== Mirtunjay Kumar SON OF Rajesh Kumar Village -Udarchak PS- Bikram District- Patna ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Ashok Sinha For the Opposite Party/s :
Md. Ataur Rahman ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 03-07-2024
1. Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 304(B) and 34 of the Indian Penal Code.
3. Learned counsel for the petitioner submits that petitioner is a person with clean antecedent and he came to be implicated in the instant case during the course of investigation as he is not named in the FIR.
4. It is next submitted that the informant alleges that after the death of her parents, her sister and brother came and started residing with her, thereafter, in September, 2022, her sister got married to one Santosh Manjhi on her own freewill, it is next alleged that after marriage, Santosh Manjhi started
Patna High Court CR. MISC. No.37423 of 2024(2) dt.03-07-2024 2/3 assaulting her sister and also demanded dowry, further on 16.12.2022 informant received an information that Santosh Manjhi and his mother committed murder of his sister by assaulting her, accordingly, the informant went to the place of occurrence and saw the dead body of her sister lying on a cot, while her nose was bleeding.
5. Learned counsel for the petitioner submits that the entire allegation hinges around Santosh Manjhi and his mother, the petitioner is not related to the husband of the deceased in any manner rather is a shopkeeper. It is further submitted that petitioner came to be implicated in the instant case during the course of investigation based on the ground that he had provided medical support to the deceased when he is not a medical practitioner. The learned counsel submits that petitioner had only given the medicines which the husband of the deceased had come to purchase and he was no way involved in the occurrence. It is next submitted that the petitioner will not abscond rather will co-operate in the investigation.
6. Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner.
7. Considering the submissions made by the learned counsel for the petitioner, the petitioner above-named, in the
Patna High Court CR. MISC. No.37423 of 2024(2) dt.03-07-2024 3/3 event of his arrest or surrender before the learned trial court within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned trial court where the case is pending/successor court in connection with Bikram P.S. Case No. 542 of 2022 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.
(Satyavrat Verma, J) Rishabh/- U T