IN THE HIGH COURT OF JUDICATURE AT PATNA
Cr.Misc. No.37184 of 2010
SUBODH THAKUR son of Dwarika Thakur
Resident of village-Amthua, P.S.-Kako,
District-Jehanabad.
Versus
THE STATE OF BIHAR
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3. 26.3.2011. Heard Mr. Vijay Kumar, learned counsel for the
petitioner and Mrs. Indu Bala Pandey, learned Additional Public
Prosecutor.
The sole petitioner, who was husband of the
deceased, apprehends his arrest in connection with Kako P.S. Case
No.122 of 2006 registered for the offence under sections 304B and
201 read with section 34 of the Indian Penal Code, has prayed for
grant of anticipatory bail.
The petitioner and his other family members were
made accused in the first information report on accusation of
committing offence under sections 304B and 201/34 of the Indian
Penal Code. In this case the police after through investigation found
the case as ‘mistake of fact’ and, as such, final report was submitted
vide annexure-2. It appears that the learned Chief Judicial
Magistrate differing with the final report has taken cognizance of the
offence.
Learned counsel for the petitioner submits that some
of the other accused persons i.e. father-in-law, mother-in-law and
brother of the husband of the deceased have been extended privilege
of anticipatory bail.
In view of the fact that after through investigation
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the police submitted final report, the court is of the opinion that it is
a fit case for extending privilege of anticipatory bail. Let the
petitioner, above named, in the event of arrest or surrender before
the court below within a period of one month from today, be
enlarged on bail on furnishing bail bond of Rs.10,000/- with two
sureties of the like amount each to the satisfaction of Shri Ravi
Ranjan, Judicial Magistrate, 1st Class, Jehanabad in connection with
Kako P.S. Case No. 122 of 2006 subject to the conditions as laid
down under section 438(2) of the Code of Criminal Procedure.
Md.S. ( Rakesh Kumar, J.)