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Patna High CourtCR. MISC./42998/2022allowed

Kirani Kumar @ Kirani Prasad v. The State Of Bihar

2022-12-09Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.42998 of 2022 Arising Out of PS. Case No.-397 Year-2021 Thana- HILSA District- Nalanda ====================================================== KIRANI KUMAR @ KIRANI PRASAD Son of Bindi Prasad Resident of Manpur, Damodar Sarai, P.S- Hilsa, Dist- Nalanda ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Shambhu Narayan Singh For the Opposite Party/s :

Mr.Ashok Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 09-12-2022 Heard learned counsel for the petitioner and learned APP for the State.

The instant application for anticipatory bail has been filed by the petitioner apprehending his arrest in connection with Hilsa P.S. Case no. 397 of 2021 instituted for the offence under Sections 304(B), 428/34 of the Indian Penal Code. As per allegation in the FIR, petitioner along with his family members has tortured in various ways to the daughter of the informant due to non-fulfillment dowry demand and ultimately they killed her.

Learned counsel appearing on behalf of the petitioner has submitted that petitioner is brother-in-law of the deceased and has been falsely implicated in this case. He has never demanded any thing from the deceased. He has no concern with

Patna High Court CR. MISC. No.42998 of 2022(2) dt.09-12-2022 2/2 the daily activity of the deceased and her husband and are living separately. The sole responsibility to take care of wife is upon husband of the informant and not against his family members. Learned APP appearing for the State has opposed the prayer of Bail.

Having heard learned counsel for the parties and in the facts and circumstances of the case as stated above, this Court is inclined to enlarge the petitioner on bail. The petitioner is directed to surrender in the Court below within a period of four weeks from today and in the event of his arrest or surrender in connection with Hilsa P.S. Case no. 397 of 2021, he will be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned ACJM, Hilsa, Nalanda subject to the conditions as laid down under section 438(2) of the Cr.P.C. (Sunil Kumar Panwar, J) sushma/- U