Bobby Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.4762 of 2024 Arising Out of PS. Case No.-215 Year-2017 Thana- SALAKHUA District- Saharsa ====================================================== BOBBY KUMAR SON OF DHARMENDRA MAHTO RESIDENT OF VILLAGE - KABIRA, P.S. - SALKHUA, DISTRICT - SAHARSA ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Diwakar Singh For the Opposite Party/s :

Mr. Arun Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 20-02-2024

1. Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends his arrest in connection with Salkhua (Chiraiya OP) P.S. Case No. 215/2017 registered for the offence punishable under Sections 304-B, 302, 201 and 34 of the Indian Penal Code.

3. Learned counsel for the petitioner submits that petitioner has been falsely implicated in the instant F.I.R. It is next submitted that petitioner is neither related to the deceased nor is related to the husband of the deceased rather is a covillager of the husband of the deceased and the instant F.I.R. has been instituted by the father of the deceased against his son-inlaw and his family members alleging that for non-fulfillment of the demand of dowry his daughter was killed. It is next

Patna High Court CR. MISC. No.4762 of 2024(2) dt.20-02-2024 2/3 submitted that petitioner is also not named in the F.I.R but during the course of investigation, it came that the motorcycle of the petitioner was used for disposing of the body of the deceased. It is next submitted that petitioner was completely unaware that his motorcycle would be used by the accused persons for disposing of the dead body of the daughter of the informant. It is further submitted that no prudent person would use his own vehicle for committing an occurrence and thus would create evidence against himself. It is also submitted that petitioner will not abscond rather will co-operate in the investigation.

4. Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner.

5. Considering the submissions made by the learned counsel for the petitioner, the petitioner above-named, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned A.C.J.M.-IV at Saharsa in connection with Salkhua (Chiraiya OP) P.S. Case No.215/2017, subject to the conditions as laid down under Section 438 (2) of

Patna High Court CR. MISC. No.4762 of 2024(2) dt.20-02-2024 3/3 the Cr.P.C.

6. However, it is made clear that in the event if the Investigating Officer of the case files an application before the learned trial court bringing to his notice that the petitioner despite giving assurance to this court is not co-operating in the investigation in that event the learned trial court shall be at liberty to cancel the bail bond of the petitioner. (Satyavrat Verma, J) amit/- U T