Allowed

Umesh Kumar v. The State of Bihar

Patna HC5 Jan 2021CR. MISC./26801/2020

Case brief

AI extract

What is this about?

The Patna High Court granted anticipatory bail to the petitioner under Sections 304(B) and 201/34 IPC. The applicant faced apprehension of arrest in a Section 304(B) dowry death case. The court granted bail subject to cooperation for trial disposal and allowed cancellation for laches.

What did the court decide?

Anticipatory bail granted, subject to bail bond of Rs. 25,000 each with two sureties, cooperation in early disposal, and potential cancellation for laches.

Umesh Kumar Vs The State of Bihar — Anticipatory Bail | Patna HC (2021)

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.26801 of 2020

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Arising Out of PS. Case No.-113 Year-2019 Thana- KATHAIYA District- Muzaffarpur

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Umesh Kumar, aged about 27 years, Son of Chotelal Rai Resident of Village - Aswari, P.S.- Kathaiya, District - Muzaffarpur.

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Versus

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The State of Bihar

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... ... Opposite Party

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====================================================== Appearance : For the Petitioner : Mr. Nachiketa Jha, Advocate For the Opposite Party : None ======================================================

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CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER

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3 05-01-2021

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Heard learned counsel for the petitioner. No one appears on behalf of the State although name of the Advocate General appears in the cause list.

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The petitioner is apprehending arrest in connection with Kathaiya P.S. Case No. 113 of 2019 for offences under Sections 304(B) and 201/34 of the Indian Penal Code.

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Learned counsel appearing on behalf of the petitioner would submit that the petitioner has no criminal antecedent. He submits that the petitioner has no concern with the family of the deceased and her husband. Petitioner is the younger brother-inlaw of the husband of the deceased and as such, he has been implicated in the case.

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Considering the fact that no specific role has been attributed to the petitioner, the Court is inclined to grant the

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Patna High Court CR. MISC. No.26801 of 2020(3) dt.05-01-2021 2/2

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privilege of anticipatory bail to him. Let the petitioner, abovenamed, in the event of arrest or surrender within one month from today, be released on bail on furnishing bail bond of Rs. 25,000/- (Rupees twenty five thousand) each with two sureties of the like amount each to the satisfaction of Mr. Hemant Kumar, Judicial Magistrate, 1^st Class, Muzaffarpur in connection with Kathaiya P.S. Case No. 113 of 2019, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

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However, the petitioner shall cooperate in early disposal of the trial. In the event there is any laches on the part of the petitioner, the court below shall be at liberty to cancel his bail bond.

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(Anil Kumar Upadhyay, J)

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BT/-

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U T

Umesh Kumar v. The State of Bihar

Case brief

What is this about?

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Umesh Kumar v. The State of Bihar

Case brief

What is this about?

What did the court decide?

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