Pintu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.8050 of 2019 Arising Out of PS. Case No.-554 Year-2018 Thana- FATUA District- Patna ====================================================== PINTU KUMAR Son of Kapil Prasad Resident of Village- Kolhar, P.S.- Fatuha.

... ... Petitioner/s

Versus

The State of Bihar Bihar ... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 6403 of 2019 Arising Out of PS. Case No.-554 Year-2018 Thana- FATUA District- Patna ====================================================== KAPIL PRASAD Late Shiva Prasad Resident of village-Kolhar P.S-Fatuha District-Patna ... ... Petitioner/s

Versus

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

(In CRIMINAL MISCELLANEOUS No. 8050 of 2019) For the Petitioner/s :

Mr.Bindeshwar Prasad Singh For the Opposite Party/s :

Mr.Pradeep Narain Kumar (In CRIMINAL MISCELLANEOUS No. 6403 of 2019) For the Petitioner/s :

Mr.Bindeshwar Prasad Singh For the Opposite Party/s :

Mr.Shaheen Begum ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 22-04-2019 Cr. Misc. No.8050 of 2019 and Cr.Misc. No.6403 are being heard altogether for disposal.

Heard the parties.

The petitioners of both the cases are apprehending their arrest in connection with Fatuha P.S.Case No.554 of 2018 registered for offences punishable under Sections 304(B)/34 of

Patna High Court CR. MISC. No.8050 of 2019(3) dt.22-04-2019 2/3 the Indian Penal Code.

Petitioner Pintu Kumar of Cr. Misc. No.8050 of 2019 is husband and the petitioner Kapil Prasad of Cr. Misc. No.6403 of 2019 is the father-in-law and the case is of dowry death . As per the allegation in the FIR, the accused persons assaulted the deceased by lathi and rod and caused injury on her head with respect to demand of one golden chain and thereafter she was taken in the hospital where she died. Submission of the learned counsel for the petitioner is that she fell down from the stair case and received injuries and the petitioners have taken her to the PMCH.

Heard learned A.P.P. and the learned counsel for the the informant. They have opposed the prayer for bail stating that the witnesses have supported the prosecution case and postmortem report also disclose injuries.

Having heard both sides and in view of the facts and circumstances, as stated above, I am not inclined to grant privilege of anticipatory bail in both the cases, let the petitioners of both the cases surrender before the learned court below within a period of six weeks from the date of order and make prayer for regular bail, which will be considered by the learned court below without being prejudiced by the order of this Court.

Patna High Court CR. MISC. No.8050 of 2019(3) dt.22-04-2019 3/3 With the aforesaid observation, this application is dismissed.

(Vinod Kumar Sinha, J) chn/- U T