Monu Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.8924 of 2018 Arising Out of PS.Case No. -186 Year- 2016 Thana -GHOSI District- JEHANABAD ======================================================
1. Monu Kumar, S/o Late Arun Kumar Pandey, R/o Village- Masadh, P.S.- Ghosi in the District of Jehanabad.
.... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Sunil Kumar-Advocate For the Opposite Party/s : Mr. Rajendra Nath Jha-A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE ADITYA KUMAR TRIVEDI ORAL ORDER 17-02-2018 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor.
Deceased Jyoti Kumari, who was married with Ajay Kumar Pandey in the Year 2011 and during continuance of wedlock, she begotten a son aged about four years. It has been alleged by the informant, her father, that husband, mother-in-law, brother-in-law (Dewar) Amit Kumar and Monu Kumar (petitioner) began to torture her for procurement of a motorcycle as well as cash appertaining to Rs.20,000/-. It has also been disclosed that at an earlier occasion, deceased had kicked up, but at the instance of local people, the matter was pacified. On account thereof, she began to reside at her sasural where even thereafter, she subjected to torture. Furthermore, it has also been disclosed that Chulbul
Pandey, another Dewar of deceased, informed his son Arvind Kumar that deceased had died on account of burnt. He also disclosed that funeral had already been effected. It has been submitted on behalf of petitioner that husband is under custody. Also submitted that Amit Kumar has been granted anticipatory bail vide Cr. Misc. No.60990 of 2017 while mother-in-law Pratima Pandey has been granted anticipatory bail vide Cr. Misc. No.3585 of 2018 and case of the petitioner stood on similar footing.
On the other hand, learned Additional Public Prosecutor opposed the prayer and submitted that there happens to be conjoint effort over eliminating the victim in the background of non-fulfilment of demand of dowry, but fairly concedes that the case of the petitioner stood on similar footing than that of Amit Kumar and Pratima Pandey.
Considering the allegation, let the petitioners, Monu Kumar be released on anticipatory bail, in the event of arrest or surrender before the learned Court below within four weeks from today, on furnishing bail bond of Rs.10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Sub-divisional Judicial Magistrate, Jehanabad in connection with Ghosi (Okari) P. S. Case No.186 of 2016, subject
to the condition as laid down under Section 438(2) of the Cr.P.C. (Aditya Kumar Trivedi, J) Vikash/- U T