Prince Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.2489 of 2024 Arising Out of PS. Case No.-334 Year-2022 Thana- MUFFASIL District- Aurangabad ====================================================== PRINCE KUMAR Son Of Sunil Singh@ Sunil Kumar Singh Resident Of Village- Basdiha, P.S.Aurangabad Muffasil, District- Aurangabad(Bihar) ... ... Petitioner/s

Versus

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

For the Petitioner :

Mr. Shailesh Kumar Singh, Advocate For the State :

Ms. Sharda Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 31-01-2024 Heard learned counsels for the parties.

2. The petitioner apprehends his arrest in a complaint case registered for the offence punishable under Sections 341, 323, 307 and 498A of the Indian Penal Code and Sections 3 and 4 of the Dowry Prohibition Act.

3. It is a case of "dowry death".

4. It is submitted by learned counsel for the petitioner that petitioner is brother-in-law of the deceased. There is no specific allegation alleged against the petitioner and he is separate in mess & property and have got no concern with the affairs of the deceased and her husband, who is already in custody. He has been implicated in this case merely because of his relation with the husband of the deceased. It if further submitted that similarly situated co-accused persons have been

Patna High Court CR. MISC. No.2489 of 2024(2) dt.31-01-2024 2/2 allowed the privilege of anticipatory bail by this Court in Cr. Misc. No. 7634 of 2023. Petitioner claims clean antecedents.

5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of anticipatory bail to the petitioner.

6. Considering the aforesaid facts and circumstances, clean antecedents of the petitioner and claim based on parity, the prayer for grant of anticipatory bail to the petitioner is allowed.

7. Accordingly, 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 Chief Judicial Magistrate, Aurangabad (Bihar), in connection with Aurangabad Muffasil P.S. Case No. 334 of 2023, subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure.

(Prabhat Kumar Singh, J) shashank/- U T