Niranjan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.58270 of 2024 Arising Out of PS. Case No.-168 Year-2024 Thana- GURUA District- Gaya ====================================================== 1.

Niranjan Kumar, son of Late Rajendra Prasad R/o vill -Sesari P.S. -Gurua Barama dist -Gaya 2.

Lalu Kumar @ Sanjit Kumar son of Ram Charitra Prasad @ Ram Chalitar Prasad R/o vill -Sesari P.S. -Gurua Barama dist -Gaya ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Rahul Kumar, Advocate For the Opposite Party/s :

Mr. Arun Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 11-09-2024 Heard learned counsel for the petitioners and learned A.P.P. for the State.

2. The petitioners apprehend their arrest in connection with Gurua P.S. Case No. 168 of 2024, instituted under Sections 304 (B), 201/ 34 of the Indian Penal Code and Section 3⁄4 of the D.P. Act.

3. As per the prosecution case, daughter of the informant was married ten years ago with one Prem Kumar. Allegation in the F.I.R. is that accused persons including the petitioners murdered the victim for non-fulfillment of dowry.

4. Learned counsel for the petitioners submits that

Patna High Court CR. MISC. No.58270 of 2024(2) dt.11-09-2024 2/3 petitioners are innocent and have falsely been implicated in this case. Petitioners are neither family member nor relative of the informant or deceased's husband. They are co-villagers. They have no concern with dowry or internal family affairs of the deceased. Marriage of the victim was solemnized ten years ago, accordingly, Section 304 (B) of the Indian Penal Code is not applicable in this case. There is general and omnibus allegation against the petitioners. Husband is not made accused in this case, however, father-in-law of the deceased is already in judicial custody. Petitioners have no criminal antecedents. They undertake to co-operate in the investigation and trial.

5. Learned A.P.P. for the State opposes the prayer for anticipatory bail.

6. Considering the facts and circumstances of the case and submission of learned counsel for the parties, in the event of arrest or surrender before the Court below within six weeks from today, the petitioners be released on bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned concerned Court where the case is pending in connection with Gurua P.S. Case No. 168 of 2024, subject to the conditions laid down in Section 438 (2) of the Code of

Patna High Court CR. MISC. No.58270 of 2024(2) dt.11-09-2024 3/3 Criminal Procedure, 1973.

(Sunil Dutta Mishra, J) rakhi/- U T