Patna High CourtCR. MISC./56893/2021bail granted

Prakash Kumar v. The State Of Bihar

2022-07-06Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.56893 of 2021 Arising Out of PS. Case No.-204 Year-2018 Thana- ARIYARI District- Sheikhpura ====================================================== PRAKASH KUMAR SON OF BALE YADAV @ BALDEO YADAV R/O VILLAGE- SUMKA, P.S.- ARIYARI, DISTRICT- SHEIKHPURA ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sheo Nandan Prasad For the Opposite Party/s :

Mr.Ajay Kumar Jha ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 06-07-2022 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 Ariyari P.S. Case no. 204 of 2018 instituted for the offence under Sections 304B, 120B, 201, 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 deceased due to non-fulfillment dowry demand and finally 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 the daily activity of the deceased and her husband and is living

Patna High Court CR. MISC. No.56893 of 2021(2) dt.06-07-2022 2/2 separately. The sole responsibility to take care of wife is upon husband and not against his family members. Husband of deceased is languishing in judicial custody.

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 Ariyari P.S. Case no. 204 of 2018, 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 CJM, Sheikhpura subject to the conditions as laid down under section 438(2) of the Cr.P.C. (Sunil Kumar Panwar, J) sushma/- U