Mithilesh Kumar v. The State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.12690 of 2019 Arising Out of PS. Case No.-597 Year-2017 Thana- BEGUSARAI TOWN District- Begusarai ====================================================== MITHILESH KUMAR Son of Mahesh Kumar Sah Resident of Village - Shankarpur, P.s.- Hasanpur Road, Distt- Samastipur. ... ... Petitioner/s

Versus

1.

THE STATE OF BIHAR 2.

Nirmala Devi Wife of Munna Kumar Gupta Resident of Village - Baghi Shani Sah Chowk, P.s.- Town (Lohiyanagar), Distt.- Begusarai ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Syed Masleh Uddin Ashraf For the Opposite Party/s :

Mr.Anand Mohan Prasad Mehta ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 30-04-2019 Heard learned counsel for the parties.

The petitioner is apprehending his arrest in connection with Town (Lohiyanagar) P.S.Case no.597 of 2017 registered for offences punishable under Sections 304B, 201/34 of the Indian Penal Code.

Allegation against the petitioner, who happens to be husband, is of dowry death.

Submission of the learned counsel for the petitioner is that the deceased was residing with the petitioner at Sriperumbudur (Tamil Nadu) and she has committed suicide and a case of unnatural death was lodged in the Sripeumbudur Police Station , which will appear from Annexure-3 and the

Patna High Court CR. MISC. No.12690 of 2019(3) dt.30-04-2019 2/2 informant and others were present there but after two months of the occurrence the present case has been lodged. Heard learned A.P.P. and the learned counsel for the complainant, who has opposed the prayer for bail.. Having heard both sides and from perusal of the case dairy it appears that there is no investigation with regard to above submission of the learned counsel for the petitioner. In such view of the matter, let the petitioner surrender before the court below within a period of six weeks from the date of receipt of order and on surrender he will be released on provisional bail in connection with Town (Lohiyanagar) P.S.Case No.597 of 2017 till submission of the charge-sheet.

In the meantime, he has to co-operate in investigation before the Investigation Officer and appear as and when required, and even if after investigation the charge-sheet is submitted against the petitioner finding the case true, the petitioner has to surrender and make prayer for regular bail. With the aforesaid direction, this application is disposed of.