Sunni Kumar @ Sanni Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.38054 of 2022 Arising Out of PS. Case No.-68 Year-2021 Thana- NAYA RAM NAGAR District- Munger ====================================================== Sunni Kumar @ Sanni Kumar S/o Sri Madan Mandal, R/o village and P.O.- Teghra, P.S.- Haveli Kharagpur, District- Munger ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Suman Kumar Mishra, Adv.
For the Opposite Party/s :
Mr. Rajendra Prasad Nat, APP.
====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 23-09-2022 Learned counsel for the petitioner raised a point that the name of father of petitioner is "Madan Mandal" but due to inadvertence "Mohan Mandaol" has wrongly been typed in the petition.
The name of father of petitioner be directed to type as "Madan Mandal" in place of "Mohan Mandaol".
Office is directed to correct the name of father of petitioner in the petition itself.
Let the defect(s), if any, be removed within two weeks from today.
Heard learned counsel for the petitioner and learned A.P.P. for the State through virtual mode.
The petitioner seeks regular bail in connection with Naya Ram Nagar (Safiasarai) P.S. Case No. 68 of 2021, lodged
Patna High Court CR. MISC. No.38054 of 2022(2) dt.23-09-2022 2/3 under Sections 304B/4 of the Indian Penal Code read with Section 3/4 of the Dowry Prohibition Act.
As per the prosecution case, the allegation of dowry death in furtherance of common intention alongwith dowry prohibition act is there in the F.I.R. against 4 known accused persons including the present petitioner.
Learned counsel for the petitioner submits that the present petitioner is brother-in-law (Dewar) of the deceased. He further submits that the death of deceased has caused at the house of informant itself, from the F.I.R., it transpires that since 15.07.2020 onwards deceased was residing at her father's house and she was subject to suicide on 11.04.2021. Learned counsel for the petitioner further submits that petitioner is in custody since 26.05.2022, having clean antecedent. He further submits that other co-accused i.e. mother-in-law and sister-in-law of the deceased have been granted anticipatory bail by the Co-ordinate Bench of this Court vide order dated 28.06.2022 passed in Cr. Misc. No.64453 of 2021. He further submits that present petitioner was also petitioner in the said case but since he was arrested, therefore, the above mentioned case become infructuous for him.
Learned counsel for the State opposes the prayer for
Patna High Court CR. MISC. No.38054 of 2022(2) dt.23-09-2022 3/3 bail.
In the present facts and circumstances of this case and the submissions made above, let the petitioner above named, be granted bail on furnishing bail bonds of Rs.30,000/- (Rupees Thirty thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate1st, Munger in connection with Nayaram Nagar (Safiasarai) P.S. Case No. 68 of 2021, subject to the conditions as laid down under Section 437(3) of Cr.P.C.
With this observation, the bail application stands allowed.
(Dr. Anshuman, J.) ritik/- U T