Anil Kewat v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.2766 of 2019 Arising Out of PS. Case No.-213 Year-2018 Thana- GRIYAK DistrictNalanda ====================================================== Anil Kewat son of Bachchu Kewat Resident of Village- Bakara, P.S.- Giriyak Dist- Nalanda at Biharsharif.
... ... Petitioner
Versus
The State of Bihar Bihar ... ... Opposite Party ====================================================== Appearance :
For the Petitioner :
Mr. Tej Narayan Singh, Advocate.
For the Opposite Party:
APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 22-01-2019 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner apprehends his arrest for the offences alleged under Sections 304B/34 of the Indian Penal Code registered in connection with Giriyak P.S. Case No. 213 of 2018.
3. It is submitted that the petitioner has been falsely implicated and the accusations are general and omnibus in nature. It is submitted that it is a case of suicide by hanging and there is no other external or internal injury found in the post mortem report. The husband of the deceased has already surrendered and is in custody. The petitioner has been implicated merely because he happens to be the devar of the deceased but has no concern with the day to day affairs of the deceased and her husband. Similarly situated co-accused Daulti Devi and Bachchu Kewat who are the parents-in-law of the deceased have been granted anticipatory bail by this Court in Cr. Misc. No. 57632 of 2018.
4. Be that as it may, having regard to the entirety of
Patna High Court Cr.Misc. No.2766 of 2019(2) dt.22-01-2019 2/2 the facts and circumstances of the case, in the event of the petitioner's arrest or surrender before the court below within six weeks from the date of communication of this order, let the above named petitioner be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of like amount each to the satisfaction of learned Additional Chief Judicial Magistrate1st, Biharsharif, Nalanda in connection with Giriyak P.S. Case No. 213 of 2018, subject to the conditions as laid down under Section 438 (2) Cr.P.C., and also subject to the following further conditions:
(i) That one of the bailors shall be a close relative of the petitioner.
(ii) That the petitioner shall not indulge in any similar offence till conclusion of the trial.
(iii) The petitioner shall cooperate with the investigation, if not already concluded, and make himself available as and when so required and in case of failure, the State shall be at liberty to move for cancellation of bail. (iv) The petitioner shall remain physically present in Court on each and every date during trial and in the event of failure on two consecutive dates without sufficient reason, his bail bond shall be liable to be cancelled by the learned Court concerned.
(Vikash Jain, J) Ibrar//- U T