Dileep Singh @ Dileep Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.8849 of 2019 Arising Out of PS. Case No.-128 Year-2018 Thana- BARURAJ District- Muzaffarpur ====================================================== Dileep Singh @ Dileep Kumar Singh, Son of Shri Musafir Singh VillMohammadpur Ganj, P.S-Baruraj, Distt.-Muzaffarpur ... ... Petitioner/s

Versus

The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Shakti Suman Kumar For the Opposite Party/s :

Mr.Jagdhar Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 19-02-2019 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is apprehending his arrest in a case registered under Section 304B, 120B/34 of the Indian Penal Code.

Allegation against the petitioner is of committing torture and assault and thereafter caused death of the victim due to non-fulfillment of demand of dowry.

It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. The petitioner has been made accused due to mistake of fact. The informant has retracted from his earlier statement and filed a petition in the Court below stating that due to

Patna High Court Cr.Misc. No.8849 of 2019(2) dt.19-02-2019 2/2 mistake of fact, the present case has been instituted which is Annexure-2 to the application. The post-mortem report indicates that there is no external injury on the body of the deceased. On behalf of the State, it is submitted that the petitioner is named in the Complaint Case/F.I.R. Considering the aforesaid facts and circumstances, let the petitioner, above named, in the event of arrest/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 Smt. Prito Kumari, Judicial Magistrate, 1st Class, Muzaffarpur in connection with Baruraj P.S. Case No. 128/2018, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) Pankaj/- U T