Bhola Kunwar @ Bhola Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.61037 of 2024 Arising Out of PS. Case No.-103 Year-2023 Thana- PANAPUR District- Saran ====================================================== Bhola Kunwar @ Bhola Singh Son of Tribhuwan Kunwar Resident of Village- Prithivipur, P.O.- Brit Bhagwanpur, P.S- Panapur, District- Saran at Chapra, Pin Code- 841410 ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Jeetendra Narayan, Advocate For the State :
Mr. Rajendra Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 13-12-2024 Heard the parties.
2. The petitioner is apprehending his arrest in connection with Panapur P.S. Case No. 103 of 2023 for the offence under Sections 304-B and 34 of the Indian Penal Code as also section 3 & 4 of the Dowry Prohibition Act, lodged on 19.05.2023 by the informant, Mahesh Singh.
3. As per the prosecution story, the informant alleged that his daughter was married to the Dipak Singh but was regularly tortured for dowry and on the fateful day came to know about her killing. This led to the F.I.R.
4. It is the case of the petitioner that he is aged fatherin-law, living separately, the husband is already in custody having surrendered on 28.11.2024 (as per the surrender
Patna High Court CR. MISC. No.61037 of 2024(2) dt.13-12-2024 2/3 certificate issued by the court of learned Additional Chief Judicial Magistrate-VI, Saran at Chapra).
5. Learned APP opposes the prayer submitting that being the father-in-law he cannot exonerate himself from the allegation.
6. Considering the aforesaid facts as also that the petitioner is father-in-law, living separately, is an aged person, has no criminal antecedent, the husband is in custody, this Court is inclined to extend him the privilege of anticipatory bail.
7. Accordingly, the anticipatory bail application stands allowed.
8. Let the petitioner be released on bail in the event of arrest or surrender within a period of four weeks from the receipt of this order, on furnishing bail bond of Rs. 10,000/- (Ten thousand) each with two sureties of like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-VI, Saran at Chapra, in connection with Panapur P.S. Case No. 103 of 2023, subject to the conditions as laid down under Section 438(2) of the Cr.P.C., as also with the following conditions:- (i) one of the bailor should be the family member/relative of the petitioner who shall provide official document to show his/her bona fide;
Patna High Court CR. MISC. No.61037 of 2024(2) dt.13-12-2024 3/3 (ii) the petitioner shall appear on each and every date before the Trial Court and failure to do so for two consecutive dates without plausible reason will entail cancellation of his/her bail bond by the Trial Court itself;
(iii) the petitioner shall in no way try to induce or promise or threat the witnesses or tamper with the evidences, failing which the State shall be at liberty to take steps for cancellation of the bail bonds;
(iv) the petitioner shall desist from committing any criminal offence again, failing which the State shall be at liberty to take steps for cancellation of bail bonds. (Rajiv Roy, J) vinayak/- U T