High Court Patna High Court - Orders

Navanit Kumar Nirala @ Munna Kumar … vs The State Of Bihar on 26 November, 2010

Patna High Court – Orders
Navanit Kumar Nirala @ Munna Kumar … vs The State Of Bihar on 26 November, 2010
                  IN THE HIGH COURT OF JUDICATURE AT PATNA
                                Cr.Misc. No.17885 of 2010
                NAVANIT KUMAR NIRALA @ MUNNA KUMAR & ANR
                                            Versus
                                  THE STATE OF BIHAR
                                          -----------

4/ 26.11.2010 Heard learned counsel for the petitioners as well as learned

P.P. for the State.

Admittedly, petitioners are Dewars of the deceased whose

marriage has taken place in the year 2007 but allegedly, she was killed

by her in-laws on 24.8.2009 on account of non-fulfilment of illegal

demand of dowry.

It is obvious from perusal of the first information report

itself that no allegation of any overt-act has been levelled against

petitioner no.2 and he is not named in the FIR. Moreover, learned

counsel for the petitioners points out that on 24.8.2009 petitioner no.2

was detained by the Officer Incharge, Maldah police station. So he

was not present on the aforesaid date at the place of the occurrence.

He further points out that so far petitioner no.1 is concerned, he is

junior member of his family and his date of birth is 24.2.1993 which is

evident from perusal of annexure 3 of this anticipatory bail

application.

In the aforesaid circumstances as well as submissions of the

parties, petitioners, namely, Navanit Kumar Nirala @ Munna Kumar

and Vijay Kumar Sah @ Vijay Prasad, in the event of their arrest/

surrender within 30 days from the date of communication of the

order, be released on bail in connection with Tariyani P.S. Case no.

109 of 2009 on furnishing bail bond of Rs 10,000/- with two sureties
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of the like amount each to the satisfaction of the Sub divisional

Judicial Magistrate, Sheohar at Sitamarhi subject to condition as laid

down under section 438(2) of the Cr. P.C.

shahid                                         (Hemant Kumar Srivastava,J)