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Patna High CourtCR. MISC./59188/2021partly allowed disposal

Akal Bind v. The State Of Bihar

2022-04-27Mr. Justice Sunil Kumar Panwar3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.59188 of 2021 Arising Out of PS. Case No.-46 Year-2021 Thana- BIND District- Nalanda ====================================================== 1.

Akal Bind S/o Late Chetu Bind Resident of Village - Kushahar, P.S. - Bind, District - Nalanda.

2.

Suka Devi W/O Akal Bind Resident of Village - Kushahar, P.S. - Bind, District - Nalanda.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Satya Prakash For the Opposite Party/s :

Mr. Aditya Narayan Singh.1 ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 27-04-2022 Heard learned counsel for the petitioners and learned APP for the State.

Learned counsel for the petitioners is expected to honour his undertaking given in the instant case for depositing the requisite court fee and to remove the defects as pointed out by the office when called upon to do so by the office.

The petitioners are apprehending their arrest in a case registered for the offences punishable under Sections 304 (B)/34 of the Indian Penal Code. The accused is of killing the niece of the

Patna High Court CR. MISC. No.59188 of 2021(2) dt.27-04-2022 2/3 informant for non-fulfillment of dowry demand. Learned counsel for the petitioners seeks permission to withdraw the petition with regard to petitioner No. 1 namely Akal Bind since he has been arrested.

Permission is accorded.

Accordingly, the petition with respect to petitioner No. 1 is permitted to be withdrawn. It is submitted by learned counsel for the petitioners that petitioner No. 2 is the mother-in-law of the deceased and she has been living separately from the husband of the deceased since long. She had no concern with the day-to-day affairs of the deceased and her husband. Moreover, the husband of the deceased is already in judicial custody.

In the facts and circumstance of the case, let the petitioner No. 2, above named, in the event of her arrest or surrender before the Court below within a period of four weeks from today, be released on

Patna High Court CR. MISC. No.59188 of 2021(2) dt.27-04-2022 3/3 anticipatory bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousands) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Nalanda at Biharsharif in connection with Bind P.S. Case No. 46 of 2021, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Sunil Kumar Panwar, J) Shageer/- U T