Dhurendra Prasad @ Dhurendra Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.52769 of 2017 Arising Out of PS.Case No. -225 Year- 2017 Thana -MAJHAULIA DistrictWESTCHAMPARAN(BETTIAH) ======================================================

1. DHURENDRA PRASAD @ DHURENDRA KUMAR Son of Shiv Shankar Prasad Resident of Village- Ram Nagar, Bankat, Police StationMajhaulia, District- West Champaran. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Bhagya Narayan Jha For the Opposite Party/s : Mr. Sri Matloob Rab ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 28-11-2017 Heard learned counsel for the petitioner and the State. The petitioner apprehends arrest in Majhauliya P.S. Case No. 225 of 2017 instituted for the offence under Sections- 302, 201/34 of the Indian Penal Code.

It is alleged that informant performed inter-caste marriage with Priti Kumari, which was opposed by the father of the informant and did not allow him to live in the house. Out of the wed-lock there was a male child of four months. On 29.05.2017, informant's father called him to Motihari with his family to live with them and on 17.6.2017, his father along with petitioner send him out side the house for some work and after returning he found his wife missing. The informant has alleged that his father in conspiracy with this petitioner has killed his wife.

Patna High Court Cr.Misc. No.52769 of 2017 (3) dt.28-11-2017 2/2 It is submitted by the learned counsel for the petitioner that only on the basis of suspicion the petitioner has been implicated in this case. There is general and omnibus allegation against the petitioner. In such circumstances, prayer for anticipatory bail is allowed and it is ordered that the petitioner named above in the event of his arrest or surrender in the court below within six weeks from the date of receipt/production of copy of this order, shall be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each in connection with Majhaulia P.S. Case No. 225 of 2017 to the satisfaction of learned Chief Judicial Magistrate, West Champaran subject to condition as laid down u/S 438(2) of the Cr.P.C.

with further conditions (1) bailors should be local having sufficient immovable property within the jurisdiction of the court concerned, (2) petitioner shall cooperate in the trial and shall be present on each and every date fixed by the court and absence on two consecutive dates without proper and reasonable reason, will automatically cancel bail bond of the petitioner and (3) if petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner.