Chhotu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.69594 of 2018 Arising Out of PS. Case No.-36 Year-2014 Thana- PAUTHU District- Aurangabad ====================================================== Chhotu Kumar S/o Awadhesh Singh Vill Pauthu Tola Pokhar Bigha, P.S. Pauthu, District- Aurangabad.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Sri Mukesh Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 17-12-2018 Heard learned counsel for the parties.

The petitioner seeks bail in connection with Pauthu P.S. Case No. 36 of 2014, registered under Sections 304B, 201/34 of the Indian Penal Code and Section 3⁄4 of the DP Act. The petitioner is the brother of husband of the deceased.

It is submitted on behalf of the petitioner that the police upon completion of investigation have submitted police report under Section 173 of the Indian Penal Code recording accusation against the petitioner to be untrue. The Court has, however, differed with the police report, has taken cognizance and has summoned the petitioner also. My attention has been drawn to an order of this Court

Patna High Court Cr.Misc. No.69594 of 2018(2) dt.17-12-2018 2/2 dated 27.08.2018 passed in Cr. Misc. No. 49121 of 2018, whereby similarly circumstanced co-accused persons have been granted anticipatory bail by this Court.

Considering the aforesaid submission, this application is allowed.

Let the petitioner above-named, in the event of his arrest or surrender in the court below within six weeks from today, 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 the learned Chief Judicial Magistrate, Aurangabad in connection with Pauthu P.S. Case No. 36 of 2014, subject to the conditions as laid down under Section 438

(2) of the Code of Criminal Procedure.

This is subject to the condition that the petitioner shall 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.

(Chakradhari Sharan Singh, J) arun/- U