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Patna High CourtCR. MISC./10032/2018bail granted

Krishna Thakur @ Bhulan Thakur And ANR v. The State Of Bihar

2018-04-06Mr. Justice Mohit Kumar Shah2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.10032 of 2018 Arising Out of PS. Case No.-371 Year-2017 Thana- MAJHAULIA District- West Champaran ======================================================

1. Krishna Thakur @ Bhulan Thakur, S/o Late Ganga Thakur, R/o Village- Ratanmala Tatwa Toli, P.S.- Majhaulia, District- West Champaran.

2. Harendra Thakur S/o Late Banti Thakur, R/o Village- Kohra Bhawanipur, P.S.- Pujaja, District- West Champaran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sanjeev Kumar Shrivastava For the Opposite Party/s :

Mr. Smt. Sahin Begam ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 06-04-2018 Heard the learned counsel for the petitioners and the learned A.P.P. for the State.

This is an application for grant of anticipatory bail in connection with Majhaulia P.S. Case No. 371 of 2017 registered for the offence punishable under Sections 302 and 201/34 of the Indian Penal Code.

The allegation is regarding the accused persons having done away with the deceased victim lady on account of nonfulfillment of the demand for dowry. The learned counsel for the petitioners submits that the Petitioner No. 1 is the husband and the Petitioner No. 2 is the brother-in-law. It is further submitted that the informant has already filed a petition before the learned trial court stating

Patna High Court Cr.Misc. No.10032 of 2018(3) dt.06-04-2018 2/2 therein that by mistake, the present case has been filed and upon inquiry, it transpired that the victim lady had died on account of illness. It is further submitted that similarly situated co-accused persons have already been granted anticipatory bail by an order dated 20.02.2018 passed in Criminal Miscellaneous No. 9747 of 2018. It is further submitted that the petitioners are having a clean antecedent.

Having regard to the facts and circumstances of the case, I deem it fit and proper to enlarge the petitioners above named, in the event of their arrest or surrender before the court below within a period of six weeks from the date of receipt/production of a copy of this order, on anticipatory bail on furnishing bail bond of Rs. 10,000/- (rupees ten thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Bettiah, West Champaran in connection with Majhaulia P.S. Case No. 371 of 2017, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Mohit Kumar Shah, J) ajay gupta/- U T