Bachanoo Kunwar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.40648 of 2019 Arising Out of P.S. Case No.-265 Year-2018 Thana- NASRIGANJ District- Rohtas ====================================================== 1.

BACHANOO KUNWAR, aged about 45 years, female, Wife of Late Krishna Kumhar @ Late Krishna Prajapati Resident of Village-Sohagi, P.SNasriganj, District-Rohtas. 2.

Vikash Kumar, aged about 20 years, Male, Son of Late Krishna Kumhar @ Late Krishna Prajapati Resident of Village-Sohagi, P.S-Nasriganj, DistrictRohtas. ... ... Petitioners

Versus

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

For the Petitioners :

Mr. Ramakant Sharma, Sr. Advocate :

Mr. Santosh Kumar Pandey, Advocate For the Opposite Party :

Mr. Shyameshwar Dayal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 09-09-2019 It is submitted on behalf of the petitioners that during pendency of this case, petitioner no.2, namely, Vikash Kumar has already been arrested and, therefore, the instant petition with regard to petitioner no.2 Vikash Kumar, has become infructuous. Now this petition exists only with regard to petitioner no.1, namely, Bachanoo Kunwar Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner apprehends his arrest in connection with Nasriganj P.S.Case No.265 of 2018 registered for an offence punishable under Section 304(B) of the Indian Penal

Patna High Court CR. MISC. No.40648 of 2019(4) dt.09-09-2019 2/3 Code.

As per prosecution case, it is alleged that there is dowry demand by the accused persons and thereafter the informant's daughter was brutally assaulted by the accused persons including these petitioners and lastly, she died. It is submitted on behalf of the petitioner that there is general and omnibus allegation against him and he has falsely been implicated in this case. It is further submitted that petitioner no.1 is widow mother-in-law of the deceased and the husband of the deceased is already in custody. Petitioner has got clean antecedent.

Considering the aforesaid facts, let the petitioner, namely, Bachanoo Kunwar, in the event of his arrest or surrender before the Court below within a period of six weeks from the date of receipt of the order, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate, Rohtas at Sasaram/successor Court in connection with Nasriganj P.S.Case No.265 of 2018, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure as well as condition that the petitioner shall fully cooperate with the

Patna High Court CR. MISC. No.40648 of 2019(4) dt.09-09-2019 3/3 investigation and trial of the case, failing which the court below shall be at liberty to cancel the bail bonds of the petitioner. (Prabhat Kumar Singh, J) B.Kr./- U T