Patna High CourtCR. MISC./55069/2016bail granted

Kanhaiya Kushwaha @ Kanhaiya And ANR v. The State Of Bihar

2017-01-31Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.55069 of 2016 Arising Out of PS.Case No. -181 Year- 2016 Thana -BUXAR MUFFSIL District- BUXAR ======================================================

1. KANHAIYA KUSHWAHA @ KANHAIYA, son of Late Sigar Kushwaha,

2. Taitar Kumari @ Tetar Kumari, daughter of Kanhaiya Kushwaha, both resident of Village- Chausa Bazar, Police Station- Buxar (Mufassil), District- Buxar.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Sanjay Kumar Mr. Rahul Nath For the Opposite Party/s : Smt. Sahin Begam ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 31-01-2017 Heard the parties.

This application is for grant of anticipatory bail in connection with Buxar (M) P.S.Case No.181 of 2016 for the offence under Sections 302 read with Section 34 of the Indian Penal Code.

It is submitted on behalf of the petitioners that the present case is false and concocted lodged against the petitioners and only allegation against the petitioners is that the deceased had love affair with the petitioner no.2 but she was not ready due to which he died and the petitioners have no criminal antecedent. Petitioner no.2 is a school going student.

Patna High Court Cr.Misc. No.55069 of 2016 (3) dt.31-01-2017 2/2 Heard learned A.P.P. also.

Having heard both sides. In view of the allegation in the F.I.R. that there is no direct allegation against the petitioners, as such let the petitioners, above named, in the event of arrest or surrender before the court below within a period of six weeks, be released on bail on furnishing bail bond of Rs.25,000/- (twenty five thousand) each with two sureties of the like amount each to the satisfaction of C.J.M., Buxar in connection with Buxar (M) P.S.Case No.181 of 2016, subject to conditions as laid down under Section 438 (2) of the Code of Criminal Procedure with condition that he shall co-operate in the investigation of the case and make himself available as and when required by the police. (Vinod Kumar Sinha, J) chn/- U