Bitu Kumar @ Bitu Sahni v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.72355 of 2022 Arising Out of PS. Case No.-87 Year-2020 Thana- PATAHI District- East Champaran ====================================================== BITU KUMAR @ BITU SAHNI S/o Manoj Sahani @ Bhola Sahni R/vParsauni Kapur, P.S.- Patahi, District- East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ajay Kumar Singh For the Opposite Party/s :

Mr.Sanjay Kumar Tiwary ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 29-04-2023 Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State.

This application, for grant of anticipatory bail, arises out of Patahi Police Station Case No. 87 of 2020, dated 30.05.2020, disclosing offences under Sections 304-B/34 of the Indian Penal Code.

The prosecution case, as per the First Information Report, is that the daughter of the informant, Kajal Kumari, was married to Vivek Sahani and she has been killed by hanging by her in-laws, due to non-fulfillment of the demand of dowry. Learned Counsel for the petitioner submits that the petitioner is the family member of the husband of the deceased. He further submits that the allegation against the petitioner is general and omnibus in nature and the father-in-law, mother-in-

Patna High Court CR. MISC. No.72355 of 2022(2) dt.29-04-2023 2/3 law and grand mother-in-law of the deceased have been granted anticipatory bail by a co-ordinate Bench of this Court, vide order, dated 02.09.2021, passed in Criminal Misc. No. 5717 of 2021.

Regards being had to the submissions advanced on behalf of the parties and taking into consideration the fact that the petitioner is a distant relative of the husband of the deceased and the father-in-law, mother-in-law and grand mother-in-law of the deceased have been granted anticipatory bail by a coordinate Bench of this Court, I am inclined to grant the petitioner privilege of anticipatory bail.

This application is, accordingly, allowed.

Let the petitioner, Bitu Kumar @ Bitu Sahni, in the event of his arrest or surrender before the Court below within a period of four weeks, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, 1st Class, East Champaran, at Motihari, in connection with Patahi Police Station Case No. 87 of 2020, 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

Patna High Court CR. MISC. No.72355 of 2022(2) dt.29-04-2023 3/3 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.

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