Naval Kishor Thakur v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.74551 of 2022 Arising Out of PS. Case No.-218 Year-2020 Thana- KHARIK District- Bhagalpur ====================================================== NAVAL KISHOR THAKUR SON OF LATE SURESH THAKUR R/O VILLAGE- DHRUBGANJ, P.S.- KHARIK, DISTRICT- BHAGALPUR ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Harish Kumar For the Opposite Party/s :

Mr.Dinesh Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 04-07-2023 Heard learned counsel for the parties.

The petitioner apprehends his arrest in a case registered for the offence under Sections 302, 201, 120(B) and 34 of the Indian Penal Code.

As per the prosecution case, the sister of the informant was killed by all the F.I.R. named accused persons including this petitioner by setting her ablaze.

Petitioner is husband of the deceased. It is submitted on behalf of petitioner that the deceased was second wife of petitioner and she was blessed with a male child. As a matter of fact, the marriage of the deceased was solemnized with the petitioner 24-25 years ago upon demise of the first wife and petitioner was blessed with a male child namely Kaushal Kishore and as a gift, one katha of land was purchased in the

Patna High Court CR. MISC. No.74551 of 2022(3) dt.04-07-2023 2/2 name of deceased and as such, there was no occasion for the petitioner to kill the deceased. Informant is not eye-witness of the occurrence. As a matter of fact, on the fateful day, a dispute arose between the deceased and her mother-in-law and out of anger, she committed suicide. Police, after investigation, submitted chargesheet under Section 306, 201 r/w Section 34 of the I.P.C. Petitioner has got clean antecedent. Learned A.P.P. for the State has opposed the prayer for anticipatory bail.

Considering the aforesaid facts and circumstances, in the event of arrest/surrender within a period of six weeks from today, let the above named petitioner be enlarged 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 A.C.J.M., Naugachia, District - Bhagalpur in connection with Kharik P.S. Case No. 218 of 2020, subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure. (Prabhat Kumar Singh, J) anay/- U T