Mithun Kumar Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.6421 of 2022 Arising Out of PS. Case No.-78 Year-2021 Thana- GHANSHYAMPUR District- Darbhanga ====================================================== MITHUN KUMAR SINGH, aged about 24 years, Male, S/o Ganga Singh, R/o Village- Bangarhatta, P.S.- Ghanshyampur, District- Darbhanga. ... ... Petitioner
Versus
The State of Bihar ... ... Opposite Party ====================================================== Appearance :
For the Petitioner :
Mr. Satyendra Rai, Advocate For the Opposite Party :
Mr. Harendra Prasad, A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 11-04-2022 Heard learned counsel for the petitioner and learned A.P.P. for the State.
Learned counsel for the petitioner is directed to remove the defects, as pointed out by the office, within a period of four weeks.
The petitioner is apprehending his arrest in connection with Ghanshyampur P.S. Case No. 78/2021 for the offence registered under Sections 304 (B) and 201/34 of the I.P.C. The prosecution story, in brief, is that the accused persons including the petitioner killed the daughter of the
Patna High Court CR. MISC. No.6421 of 2022(3) dt.11-04-2022 2/3 informant due to non-fulfilment of demand of dowry. 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. In course of investigation, the mother of the deceased was examined. Her statement is in paragraph no. 29 of the case diary where she has stated that the deceased was pregnant and during the pregnancy, she was suffering from medical complication and thereafter she was taken to hospital for treatment and in course of treatment, she is said to have died and thereafter on her instruction, cremation of dead body was done as per Hindu rites.
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 of the case, let the petitioner above named, in the event of arrest or surrender before the learned court below within a period of twelve weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M.
Patna High Court CR. MISC. No.6421 of 2022(3) dt.11-04-2022 3/3 Ghanshyampur P.S. Case No. 78/2021, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.
(Sudhir Singh, J) U.K./- U T