Biru Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.2437 of 2024 Arising Out of PS. Case No.-330 Year-2023 Thana- NAWADA District- Nawada ====================================================== Biru Kumar, Son of Late Prakash Pandit, R/o- Village Rajopur PS-Chewada Distt- Sheikhpura ... ... Petitioner/s

Versus

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

For the Petitioner :

Ms. Reena Kumari, Advocate For the State :

Mr. Jitendra Kumar Singh, 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 case registered for the offence punishable under Sections 306 and 34 of the Indian Penal Code.

3. As per prosecution case, the daughter-in-law of the informant was in illicit relationship with this petitioner. It is alleged that when the informant, his wife and his son had gone to lodge a complaint before the mother and father of his daughter-in-law about the conduct of their daughter, they abused them and gave threats, due to which the son of the informant committed suicide in his house.

4. It is submitted by learned counsel appearing on behalf of the petitioner that from bare perusal of the first information report it is apparent that there is no allegation of assault or abuse against this petitioner. The petitioner has been

Patna High Court CR. MISC. No.2437 of 2024(2) dt.31-01-2024 2/2 made an accused in this case merely because he is alleged to be in love and had illicit relationship with the daughter-in-law of the informant. It is further submitted that co-accused persons have been granted the privilege of anticipatory bail by a Coordinate Bench of this Hon'ble Court in Cr. Misc No. 35606 of 2023. Petitioner claims clean antecedent.

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

6. Considering the aforesaid facts and circumstances and clean antecedents of the petitioner, 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, Nawada, in connection with Nawada (Bundel Khand O.P.) P.S. Case No.330 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