Mithu Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.77692 of 2024 Arising Out of PS. Case No.-14 Year-2024 Thana- Bharatkhand District- Khagaria ====================================================== 1.
Mithu Kumar S/o- Late Ghanshyam Mandal Village- Bharatkhand PsBharatkhand Dist- Khagaria 2.
Nitu Kumar @ Nitesh Kumar S/o- Late Ghanshyam Mandal VillageBharatkhand Ps-Bharatkhand Dist- Khagaria ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Bharat Bhushan, Advocate :
Mr. Parmatma Singh, Advocate For the State :
Mr. Shahabuddin Azeem @ S. Azeem, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 14-02-2025 Heard the parties.
2. The petitioners are apprehending their arrest in connection with Bharatkhand P.S. Case No. 14 of 2024 registered for the offence under Sections 304(B), 120(B), 201, 504, 506 and 34 of the Indian Penal Code, lodged on 17.04.2024 by the informant, Indu Devi.
3. As per the prosecution story, the informant alleged that her daughter was married to Amit Kumar but was always tortured for dowry. Later, came to knowledge that she has been killed and the dead body was disposed of. Accordingly, the F.I.R.
4. Learned counsel for the petitioners submit that the
Patna High Court CR. MISC. No.77692 of 2024(2) dt.14-02-2025 2/3 two young boys are brothers-in-law of the deceased, living separately, the husband is in custody since 11.09.2024 (paragraph no.9 of the petition) and have no criminal antecedent.
5. Learned APP opposes the prayer submitting that all of them have been named in the F.I.R.
6. Though the allegation is there against these petitioners, they are young boys, brothers-in-law, as per the submission, living separately, the husband is in custody as stated above, in that background, this Court is inclined to extend him the privilege of anticipatory bail.
7. Let the petitioners be released on bail in the event of arrest or surrender within a period of four weeks from the receipt of this order, on furnishing bail bond of Rs. 10,000/- (Ten thousand) each with two sureties of like amount each to the satisfaction of learned Judicial Magistrate, 1st Class, Khagaria, in connection with Bharatkhand P.S. Case No. 14 of 2024, subject to the conditions as laid down under Section 438(2) of the Cr.P.C., as also with the following conditions:- (i) one of the bailor should be the family member/relative of the petitioners who shall provide official document to show his/her bona fide;
Patna High Court CR. MISC. No.77692 of 2024(2) dt.14-02-2025 3/3 (ii) the petitioners shall appear on each and every date before the Trial Court and failures to do so for two consecutive dates without plausible reason will entail cancellation of his/her bail bond by the Trial Court itself;
(iii) the petitioners shall in no way try to induce or promise or threat the witnesses or tamper with the evidences, failing which the State shall be at liberty to take steps for cancellation of the bail bonds;
(iv) the petitioners shall desist from committing any criminal offence again, failing which the State shall be at liberty to take steps for cancellation of bail bonds. (Rajiv Roy, J) vinayak/- U T