Deepak Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.70574 of 2021 Arising Out of PS. Case No.-46 Year-2020 Thana- BASANTPUR District- Siwan ====================================================== DEEPAK KUMAR, Son of Prabhu Prasad R/o Village- Lakdi Madhopur, P.S.- Lakdi Baniganj O.P., District- Siwan.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr.Kanhaiya Kishore, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 08-06-2022 Heard the learned counsel for the petitioner and the learned APP for the State.

Learned counsel for the petitioner is permitted to remove the defect/(s), as pointed out by the office, if any, within a period of four weeks from today.

This is an application for grant of anticipatory bail in connection with Basantpur (Lakdi Nabiganj O.P.) P.S. Case No. 46 of 2020 registered for the offences punishable under Sections 304(B),201,34 of the Indian Penal Code.

As per FIR, the petitioner along with the other accused persons killed the daughter of the informant due to non-fulfillment of demand of dowry and disappeared her dead body. Learned counsel for the petitioner submits that petitioner is the devar i.e. younger brother of the husband of the deceased. There is general and omnibus allegation against him. He further submits that other similarly situated co-accused persons (father-in-

Patna High Court CR. MISC. No.70574 of 2021(3) dt.08-06-2022 2/2 law and mother-in-law) have already been granted anticipatory bail by the coordinate Bench of this Court vide order dated 23.06.2021 and 22.07.2021 in Cr. Misc. No. 12942 of 2021 and Cr. Misc. No. 37618 of 2020 respectively. The present petitioner is a student who is living separately for his studies and has no concern with the husband of the deceased and has no criminal antecedent.

Learned APP appearing for the State has opposed the anticipatory bail of the petitioner.

Considering the aforesaid facts and circumstances, let the petitioner, abovenamed, in the event of his arrest or surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order, is directed to be released on anticipatory bail on furnishing bail bond of Rs. 10,000/- (Rs. Ten thousand) with two sureties of the like amount each to the satisfaction of the learned J.M. 1st Class, Siwan, in connection with Basantpur (Lakdi Nabiganj O.P.) P.S. Case No. 46 of 2020, subject to the conditions as laid down under Section 438(2) of Code of Criminal Procedure. (Sunil Dutta Mishra, J) khushbu/- U T