Bishal Kumar And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.59905 of 2018 Arising Out of PS. Case No.-218 Year-2018 Thana- LAKHISARAI District- Lakhisarai ======================================================

1. Bishal Kumar,

2. Sunny Kumar, Both Sons of Dinesh Mandal.

3. Varsha Kumari, D/o Dinesh Mandal, Both R/o Santer Mohalla, Ward No. 13, Purani Bazar, P.S. and Distt.- Lakhisarai.

... ... Petitioners

Versus

The State of Bihar.

... ... Opposite Party ====================================================== Appearance :

For the Petitioner/s :

Mr. Bhim Sen Prasad, Advocate For the Opposite Party/s :

Mr. Nand Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 10-12-2018 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State. The petitioners seek pre-arrest bail in connection with Lakhisarai P. S. Case No. 218 of 2018 registered under Sections 304(B)/34 of the Indian Penal Code.

Considering the seriousness of the offence as also the fact that the victim died due to burn injury in her matrimonial home within seven years of her marriage, I am not inclined to grant pre-arrest bail to petitioner nos.1 and 2, namely, Bishal Kumar and Sunny Kumar. Accordingly, their prayer for grant of pre-arrest bail is rejected. In case, they surrender and seek bail, the same

Patna High Court Cr.Misc. No.59905 of 2018(3) dt.10-12-2018 2/2 shall be considered on its own merit without being prejudiced in any manner by this order.

As far as the petitioner no. 3 Varsha Kumari is concerned, since she is an unmarried sister-in-law of the deceased, she is directed to be released, in the event of her arrest or surrender before the court below within six weeks from today, 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 Chief Judicial Magistrate, Lakhisarai in Lakhisarai P. S. Case No. 218 of 2018 , subject to the conditions as laid down under Section 438 (2) of the Code of Criminal Procedure.

(Ashwani Kumar Singh, J.) kanchan/- U T