Pankaj Mallik v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.65362 of 2019 Arising Out of PS. Case No.-234 Year-2018 Thana- BHAWANIPUR District- Purnia ====================================================== 1.

PANKAJ MALLIK Son of Sudhir Mallik Resident of Village - Dumari, P.S.- Tikapatti, District - Purnea.

2.

Mulho Mallik Son of Late Sant Lal Mallik Resident of Village - Dholbazza, P.S.- Dholbazza, District - Bhagalpur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Amit Kumar Anand For the Opposite Party/s :

Ms.Renuka Ratnakar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 06-11-2019 Heard learned Counsel for the petitioners and learned Additional Public Prosecutor for the State.

This application, for grant of anticipatory bail, arises out of Bhawanipur (Akbarpur) Police Station Case No. 234 of 2018, disclosing offences under Sections 304B/201/34 of the Indian Penal Code.

The allegation against the petitioners is that the petitioners, along with other accused persons, killed the daughter of the informant by throwing her in the river. Learned Counsel for the petitioners submits that the petitioners have falsely been implicated in the present case merely on the basis of the fact that they happen to the maternal

Patna High Court CR. MISC. No.65362 of 2019(2) dt.06-11-2019 2/3 uncles of the husband of the deceased. He further submits that both the petitioners are residing outside the matrimonial village of the deceased and were having no concern with the family affairs of the husband of the deceased. He further submits that the father-in-law and mother-in-law of the deceased have been granted anticipatory bail by this Court by order, dated 24.10.2019, passed in Criminal Misc. No. 63750 of 2019. Having regard to the submissions made on behalf of the parties and taking into consideration the fact that the petitioners are the maternal uncles of the husband of the deceased and mother-in-law and father-in-law of the deceased have been granted anticipatory bail by this Court, I am inclined to grant the petitioners privilege of anticipatory bail. This application is, accordingly, allowed.

Let the petitioners, above named, in the event of their arrest or surrender before the Court below within four weeks, be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned Sub Divisional Judicial Magistrate, Purnea, in connection with Bhawanipur (Akbarpur) Police Station Case No. 234 of 2018, subject to the condition laid down under Section 438 (2) of the Code of

Patna High Court CR. MISC. No.65362 of 2019(2) dt.06-11-2019 3/3 Criminal Procedure.

(Anil Kumar Sinha, J.) Prabhakar Anand/- U √ T √