Anil Pal @ Anil Kumar Pal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.25447 of 2018 Arising Out of PS. Case No.-509 Year-2017 Thana- KAHALGAON District- Bhagalpur ====================================================== Anil Pal @ Anil Kumar Pal, Son of late Deep Narayan Pal, resident of Village- Pal Tola Kahalgaon, Police Station- Kahalgaon, District-Bhagalpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Dilip Kumar, Adv.

For the Opposite Party/s :

Mr. Sri Nand Kumar, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 28-06-2018 Heard learned counsels for the petitioner and State. The petitioner is apprehending arrest in a case registered for the offences punishable under Sections 302, 201, 120(B) and 498(A) of the IPC and Sections 3⁄4 of the Dowry Prohibition Act. The prosecution case, as per the written report of Prakash Kumar, submitted before the S.H.O., Kahalgaon P.S., is to the effect that the sister of the informant was married with the petitioner on 22.11.2009, but she was tortured for non fulfilment of dowry demand. On 19.09.2017 all the in-laws family members killed her either by administering poison or by strangulating her, but no information was given to the informant and the dead body of the victim was disposed of. The elder

Patna High Court Cr.Misc. No.25447 of 2018(3) dt.28-06-2018 2/3 brother of the petitioner has also killed his wife in the same manner.

It is submitted by the learned counsel for the petitioner that the death of the victim took place after 9 years of marriage. The victim was mentally abraised, for which she was treated even before the marriage, as a result she took over dose of medicine, thereafter she could not wake up in the following morning. The informant's side were informed and thereafter the dead body was disposed of. Hence, on mere suspicion the acquisition has been leveled against the petitioner.

Learned A.P.P. submits that during investigation it came forth that the victim died due to the over dose of medicine but her family members were not informed and in hurry the dead body was disposed of.

Considering the fact that there is no eye witness of the occurrence and even assuming that she was administered over dose of medicine, only a case of abetment to commit suicide is made out against the petitioner, let the above named petitioner be released on anticipatory bail in the event of arrest/surrender before the learned Court below within a period of twelve weeks from today, on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of like amount each to satisfaction of

Patna High Court Cr.Misc. No.25447 of 2018(3) dt.28-06-2018 3/3 learned Chief Judicial Magistrate, Bhagalpur, in connection with Kahalgaon P.S. Case No.509 of 2017, subject to the condition as laid down under Section 438(2) of the Cr. P.C. (Dinesh Kumar Singh, J) Amrendra/- U T