Prem Ranjan Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.49924 of 2018 Arising Out of PS. Case No.-87 Year-2017 Thana- SARMERA District- Nalanda ====================================================== Prem Ranjan Kumar S/o Sri Surendra Prasad Singh @ Surendra Singh @ Surendra Kumar, R/o Vill.- Sarmera, P.S.- Sarmera, District- Nalanda. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Pravin Kumar For the Opposite Party/s :
Mr. Khurshid Anwar ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 01-11-2018 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.
The petitioner is apprehending his arrest in a case registered for the offences punishable under Sections 302 and 201/34 of the Indian Penal Code.
Wife of petitioner died in unnatural circumstances after 12 years of her marriage. Allegation is of demand of dowry and torture for the same.
Submission of learned counsel for the petitioner is that presumption of dowry death is not there since death was caused beyond seven years. There is no eyewitness of the occurrence nor the villagers have supported the allegation of demand and torture soon before death. Just to pressurize, false case has been lodged.
Finding substance in the submission aforesaid, let the
Patna High Court Cr.Misc. No.49924 of 2018(3) dt.01-11-2018 2/2 petitioner, above named, in the event of his arrest or surrender before the Court below within a period of thirty days from the date of receipt of the order, be released on anticipatory bail on furnishing bail bond of Rs.20,000/- (rupees twenty thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending in connection with Sarmera Police Station Case No. 87 of 2017, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure as well as condition that the petitioner shall fully cooperate with the investigation and trial of the case, failing which the court below shall be at liberty to cancel the bail bond of the petitioner.
(Birendra Kumar, J) Kundan/Rajan U T