Vijay Das v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.79545 of 2019 Arising Out of PS. Case No.-75 Year-2019 Thana- KHANPURA District- Samastipur ====================================================== 1.

VIJAY DAS Son of Pulkit Das Resident of Village - Khatuaaha, P.S.- Khanpur, Distt.- Samastipur.

2.

Sarita Devi W/o Vijay Das Resident of Village - Khatuaaha, P.S.- Khanpur, Distt.- Samastipur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Bijay Bhushan Prasad For the Opposite Party/s :

Mr.Atul Chandra ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 17-01-2020 Heard the learned counsel for the petitioners and the learned APP for the State.

This is an application for grant of anticipatory bail in connection with Khanpur P.S. Case No. 75 of 2019, registered for the offence punishable under Sections 201, 304B, 34 of the Indian Penal Code.

The allegation is regarding the accused persons having killed the deceased victim lady on account of non-fulfillment of the demand for dowry.

The learned counsel for the petitioners has submitted that the petitioner no. 1 is the elder brother-in-law of the deceased victim lady and the petitioner no. 2 is the sister-in-

Patna High Court CR. MISC. No.79545 of 2019(2) dt.17-01-2020 2/3 law of the deceased victim lady and they are living separately and they do not have any complicity in the matter. It is further submitted that similarly situated co-accused persons have already been granted anticipatory bail by a coordinate Bench of this Court vide order dated 18.12.2019 passed in Criminal Miscellaneous No. 70928 of 2019. Lastly, it is submitted that the petitioners are having a clean antecedent and the husband of the deceased victim lady is already in custody. Having regard to the facts and circumstances of the case, considering the submissions made by the learned counsel for the petitioners, as also taking into account the parity of the case of the petitioners with those of the co-accused persons, who have already been granted bail by the coordinate Bench of this Court, I deem it fit and proper to grant anticipatory bail to the petitioners.

Accordingly, the petitioners are directed to be enlarged on anticipatory bail, in the event of their arrest or surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order, on furnishing bail bond of Rs. 10,000/- (rupees ten thousand) each with two sureties of the like amount each to the satisfaction of learned Sub-Divisional Judicial Magistrate, Samastipur in connection

Patna High Court CR. MISC. No.79545 of 2019(2) dt.17-01-2020 3/3 with Khanpur P.S. Case No. 75 of 2019, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Mohit Kumar Shah, J) ajay gupta/- U T