Kishan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.65325 of 2022 Arising Out of PS. Case No.-674 Year-2022 Thana- MUZAFFARPUR TOWN DistrictMuzaffarpur ====================================================== KISHAN KUMAR Son Of Anil Patel R/O Village- Majhaulia, P.S.- Sadar, District- Muzaffarpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Mazharul Hassan, Advocate For the Opposite Party/s :

Dr. Kumar Uday Pratap, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 31-05-2023 Heard Mr. Mazharul Hassan, learned counsel for the petitioner and Dr. Kumar Uday Pratap, learned Additional Public Prosecutor appearing for the State.

Petitioner apprehends his arrest in connection with Sadar P.S. Case No. 674 of 2022 dated 17.08.2022 registered for the offence punishable under Section 306/34 of the Indian Penal Code.

As per the First Information Report lodged by the sister-in-law (Bhabhi) of the deceased, on the date of occurrence, the husband of the deceased called the deceased in Ramesh Rani Mahrshi Inter College for admission in intermediate course and upon which the deceased along with her mother went to the college and when the deceased returned from

Patna High Court CR. MISC. No.65325 of 2022(4) dt.31-05-2023 2/3 the college in the evening, she started vomiting and was admitted in Sita Devi Memorial Hospital where she died. In the postmortem report no external injury has been found on the body of the deceased and viscera has been preserved for forensic examination by the doctor.

Learned counsel for the petitioner submits that the petitioner has falsely been implicated in this case by the family members of the deceased and the deceased was hospitalized after having complication by her sister-in-law and other parental family members where deceased was residing. The deceased was not living with the petitioner and the petitioner after getting the admission done of the deceased, had gone to Madhubani where he has been doing his job in a private company. The cause of death has not been opined by the doctor concerned. Police has lodged the case against the petitioner for the offence punishable under Section 306 of the Indian Penal Code but there is no material in the entire case diary that the petitioner at any point of time abated the deceased for committing suicide. Regards being had to the submission made by the parties and taking into consideration the nature of allegation and the fact that no external injury has been found on the body of the deceased and the deceased was hospitalized by her family

Patna High Court CR. MISC. No.65325 of 2022(4) dt.31-05-2023 3/3 members i.e mother and sister-in-law while residing in her paternal home, I am inclined to grant anticipatory bail to the petitioner.

This application is accordingly allowed.

Accordingly, in the event of arrest or surrender before the Court below within six weeks from today, the petitioner, above named, shall be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Muzaffarpur in connection with Sadar P.S. Case No. 674 of 2022, subject to the condition as laid down under Section 438(2) of the Code of Criminal Procedure. (Anil Kumar Sinha, J) maynaz/- U T