Bablu Singh @ Bablu Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.13969 of 2020 Arising Out of PS. Case No.-227 Year-2019 Thana- DIDARGANJ District- Patna ====================================================== BABLU SINGH @ BABLU KUMAR, aged about 26 years (Male), Son of Dumar Yadav, Resident of Village - Mahuli, P.S. - Didarganj, District - Patna. ... ... Petitioner
Versus
The State of Bihar ... ... Opposite Party ====================================================== Appearance :
For the Petitioner :
Mrs.Lilawati Singh, Advocate.
For the Opposite Party :
Mrs.Anita Kumari, A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 28-08-2020 Due to COVID-19 Pandemic, the matter is being taken up by way of virtual Court proceeding.
The matter has been listed under the heading 'For Orders' under the orders of Hon'ble the Chief Justice. 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 Section 304 (B)/34 of the IPC. The prosecution story, in brief, is that the accused persons including the petitioner killed the victim due to nonfulfilment 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 falsely been implicated in the present case. A petition has been filed by the informant in
Patna High Court CR. MISC. No.13969 of 2020(3) dt.28-08-2020 2/2 the court of learned A.C.J.M.-Vth, Patna City, Patna, where she has retracted from her earlier statement made in the F.I.R., annexed as Annexure-3 to the present application. The present case has been instituted due to mistake of fact. 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 facts and circumstances of the case and also the lockdown, the petitioner above named, in the event of arrest or surrender before the learned court below within a period of eight weeks from today, be released on anticipatory bail on his personal bond to the satisfaction of the learned J.M. Ist Class, Patna City, Patna, in connection with Didarganj P.S. Case No.
227/2019, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. Once the normalcy is restored, the petitioner shall furnish bail bonds of Rs. 10,000/-(Rupees Ten Thousand) with two sureties of the like amount each within a period of seven weeks to the satisfaction of the court concerned in connection with the aforesaid case.
(Sudhir Singh, J) U.K./- U T