Mahendra Das v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.19256 of 2016 Arising Out of PS.Case No. -71 Year- 2015 Thana -JOGBANI District- ARRARIA =====================================

1. Mahendra Das, S/o Moti Das, Resident of VillageBhatiyahi Tatma Tola, P.S-Jogbani (Bathnaha O.P) DistrictAraria. .... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ===================================== Appearance :

For the Petitioner/s : Mr. Anil Prasad Singh, Adv. For the Opposite Party/s : Dr. Rabindra Kumar (APP) ===================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 17-05-2016 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State. This application, for grant of anticipatory bail, arises out of Jogbani (Bathnaha) P.S. Case No.71 of 2015, disclosing offences under Sections 304(B)/34 of the Indian Penal Code and 3⁄4 of the Dowry Prohibition Act. The petitioner is the father-in-law of the deceased.

Learned counsel for the petitioner has submitted that it is evident from the First Information Report that the

Patna High Court Cr.Misc. No.19256 of 2016 (2) dt.17-05-2016 2/2 deceased was taken to hospital for treatment by in-laws. It has been submitted that at the time of the death of the deceased, her mother-in-law was there with her in the hospital, who has been granted regular bail by this Court. It has further been submitted that allegation against the petitioner and mother-in-law of the deceased is almost identical.

Considering the submission, as above, this application is allowed. Let the petitioner, abovenamed, in the event of his arrest or surrender before the court below within six weeks, be released on bail on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate, Araria, in connection with Jogbani (Bathnaha) P.S. Case No.71 of 2015, subject to the condition laid down under Section 438

(2) of the Code of Criminal Procedure.

This is subject to the condition that the petitioner shall present himself before the police/Court, as the case may be, as and when required and in the event of failure on his part to appear before the Court on two consecutive occasions, his bail bond shall be liable to be cancelled. (Chakradhari Sharan Singh, J.) Praveen-II/- U T