Patna High Court - Orders
Manoj Kumar vs The State Of Bihar on 20 May, 2013
Author: Ashwani Kumar Singh
Bench: Ashwani Kumar Singh
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.5776 of 2013
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1. Manoj Kumar son of Krishna Prasad, resident of village- Amera, Police
Station- Tharthari, District- Nalanda.
.... .... Petitioner/s
Versus
1. The State of Bihar
.... .... Opposite Party/s
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CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR
SINGH
ORAL ORDER
3 20-05-2013Heard learned counsel for the petitioner and learned counsel for the State.
The petitioner seeks anticipatory bail in connection with a case which has been registered for the offence punishable under sections 498A, 304B and 201/34 of the Indian Penal Code and 4 of the Dowry Prohibition Act.
It is contended that the informant came to know about the occurrence on 8th August, 2012. However, since no case was registered, the complaint was filed on 27th August, 2012, which was sent to the police under section 156(3) of the Code of Criminal Procedure for investigation pursuant to which FIR was registered on 6th September, 2012. It is further contended that the victim died after six years of marriage. She was pregnant and was being treated by various doctors. In course of treatment, she was referred to the P.M.C.H., Patna and was admitted in emergency ward on 4.8.2012. However, she died in the P.M.C.H., Patna at Patna High Court Cr.Misc. No.5776 of 2013 (3) dt.20-05-2013 2 3.45 p.m. on the same day and a death certificate was issued under the signature of the attending doctor which has been brought on record as annexure-6 to the petition. The victim was subsequently cremated on 5.8.2012. It is further contended that some of the co- accused persons have been granted anticipatory bail by different orders passed by this court.
Be that as it may, taking into consideration the facts and circumstances of the case, in the event of arrest or surrender within six weeks from today, let the petitioner, named above, be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate, Hilsa (Nalanda) in connection with Tharthari P.S.Case No.33 of 2012 subject to the conditions as laid down under section 438(2) of the Code of Criminal Procedure.
(Ashwani Kumar Singh, J) Md.S./-