Bibhuti Kumar Singh @ Vikash Bibhuti v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.2305 of 2019 Arising Out of PS. Case No.-107 Year-2011 Thana- GHANSHYAMPUR District- Darbhanga ====================================================== Bibhuti Kumar Singh @ Vikash Bibhuti (Age about 34 years), Son of Satish Prasad Singh, Resident of Village- Deori, P.S. Ghanshyampur, DistrictDarbhanga. ... ... Petitioner
Versus
The State of Bihar ... ... Opposite Party ====================================================== Appearance :
For the Petitioner :
Mr.Birendra Kumar Singh, Advocate.
For the Opposite Party :
Mrs. Renu Kumari, A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 17-01-2019 Heard learned counsel for the petitioner and learned A.P.P. for the State.
The petitioner is apprehending his arrest in a case for the offence registered under Sections 304(B) and 379/34 of the IPC.
The prosecution story, in brief, is that the daughter of the informant was married with Vikash Kumar Singh on 21.05.2009. At the time of marriage, he gave sufficient gifts and articles. Thereafter, the victim went to her matrimonial home where the husband and his family members including petitioner started demanding Rs. 1,00,000/- and Motorcycle in dowry and showing her father's inability the husband and his family members started torturing the victim in various ways. The
Patna High Court Cr.Misc. No.2305 of 2019(2) dt.17-01-2019 2/3 informant tried to pacify the matter. It is further alleged that on 30.06.2011 the informant came to know that accused persons alongwith petitioner committed murder of his daughter by strangulating and after committing murder accused persons fled away taking jewellery and other articles.
It has been submitted by learned counsel for the petitioner that the petitioner has got no criminal antecedent. There is no allegation of tampering with the witnesses alleged against the petitioner. The petitioner has been made accused in the present case due to mistake of fact. The petitioner is said to be Dewar of the deceased. He is separate in mess and property from the husband of the deceased. The husband of the deceased has already been convicted by the learned court below. On behalf of the learned counsel for the State, it has been submitted that the petitioner is named in the F.I.R. Considering the aforesaid facts and circumstances, let the petitioner above named, in the event of arrest or surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned S.D.J.M. Benipur, Darbhanga, in connection with Ghanshyampur P.S.
Patna High Court Cr.Misc. No.2305 of 2019(2) dt.17-01-2019 3/3 Case No. 107 of 2011, corresponding to G.R. Case No. 444 of 2011, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.
(Sudhir Singh, J) U.K./- U T