Wakil Kumar @ Kundan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.34786 of 2018 Arising Out of PS.Case No. -73 Year- 2018 Thana -BARUN District- AURANGABAD ======================================================

1. Wakil Kumar @ Kundan Kumar, Son of Vinod Singh @ Vinod Kumar, Resident of Village- Malkopa, P.S.- Barun, District- Aurangabad. .... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Leelawati Kumari For the Opposite Party/s : Mr. Nawal Kishore Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 06-08-2018 Heard learned counsel for the petitioner, the informant as well as the State.

The petitioner apprehends his arrest in Barun P.S. Case No. 73/2018, instituted for the offences punishable under Sections 328, 302 and 34 of the Indian Penal Code.

In the written report, it is alleged that the son-in-law of the informant used to send money to his wife Puja Devi (since deceased) and also to his father. There was dispute in her family on account of sending money by the husband of the deceased. On 05.04.2018, this petitioner and other accused persons have administered poison to the daughter of the informant, namely, Puja Devi (since deceased) after confining her in a room leading to her death.

Learned counsel for the petitioner has submitted that the petitioner is the villager of the husband of the deceased. He has

Patna High Court Cr.Misc. No.34786 of 2018 (5) dt.06-08-2018 2/2 no concern with the income of the husband of the deceased. In the written report, it is mentioned that the husband of the deceased used to send money to the deceased and his father. Considering the facts and circumstances of the case, the prayer for anticipatory bail of the petitioner is allowed. In the event of surrender/arrest of the petitioner, named above, within six weeks from today, in connection with Barun P.S. Case No. 73/2018, he shall be released on anticipatory bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Aurangabad, subject to the conditions as laid down under Section 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 tamper 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.

(Sanjay Priya, J.) Rakhi U T