Bipat Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.9316 of 2021 Arising Out of PS. Case No.-110 Year-2020 Thana- RAGHOPUR District- Vaishali ====================================================== BIPAT KUMAR Son of Vijjan Ray Resident of Village - Rustampur Panchpairiya, P.S.- Raghopur (Rustampur O.P.), District - Vaishali ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Manish Chandra Gandhi For the Opposite Party/s :

Mr.APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 24-01-2022 This matter has been taken up for hearing online because of COVID-19 pandemic restrictions.

Heard learned counsel for the petitioner and learned APP for the State.

Learned counsel for the petitioner is expected to honour his undertaking to remove the defects as pointed out by the office when called upon to do so by the office. The instant application for anticipatory bail has been filed by the petitioner apprehending his arrest in connection with Raghopur P.S. Case no. 110 of 2020 instituted for the offence under Sections 304B, 201 and 34 of the Indian Penal Code.

As per allegation in the FIR, the matter relates to dowry death due to non-fulfillment of dowry demand. Petitioner

Patna High Court CR. MISC. No.9316 of 2021(3) dt.24-01-2022 2/3 is a boat sailor and his boat was utilized for disposing the dead body of the informant's daughter namely, Kajal Devi in the river Ganga.

Learned counsel appearing on behalf of the petitioner has submitted that petitioner has been falsely implicated in this case. He has no concern with the deceased husband's family. He is a poor boat seller and co-villager. Some of the family members of the husband of the deceased, have already been granted bail vide order dated 21.1.2022 passed in Cr. Misc. No. 17253 of 2021. The case of the petitioner stands on better footing to that of the co-accused.

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 Raghopur P.S. Case no. 110 of 2020, 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, Vaishali at Hajipur subject to

Patna High Court CR. MISC. No.9316 of 2021(3) dt.24-01-2022 3/3 the conditions as laid down under section 438(2) of the Cr.P.C. (Sunil Kumar Panwar, J) sushma/- U