Vikash Patel @ Bittu v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.27009 of 2018 Arising Out of PS. Case No.-830 Year-2016 Thana- MUZAFFARPUR TOWN DistrictMuzaffarpur ====================================================== Vikash Patel @ Bittu, S/o Shivjee Patel, R/o - Mohallah-Akaharaghat, Mithun Colony, Hanumant Nagar, P.S. Town, Distirct-Muzaffarpur. ... ... Petitioner

Versus

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

For the Petitioner/s :

Mr. Anish Kumar, Adv.

For the Opposite Party/s :

Mr.A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 07-05-2018 Heard Sri Anish Kumar, learned counsel for the petitioner and learned Addl. Public Prosecutor. The sole petitioner, husband of the deceased, has prayed for grant of bail in Muzaffarpur Town P.S. Case No.830 of 2016, corresponding to G.R. No.5152 of 2016 registered for the offence under Section 304(B)/34 of the Indian Penal Code. Learned counsel for the petitioner submits that the petitioner is in custody since 09.02.2018. He further submits that after lodging F.I.R, the informant ( father of the deceased) had filed a petition before the court below. It has been argued by learned counsel for the petitioner that it appears that due to mistake of fact earlier the case was instituted. However fact remains that death had occurred only

Patna High Court Cr.Misc. No.27009 of 2018(2) dt.07-05-2018 2/2 within five months from the marriage and there is also material attracting Section 304( B) of the Indian Penal Code. In view of facts disclosed in the F.I.R. and considering the fact that the petitioner is husband of the deceased, there is no reason to pass favourable order. The petition stands dismissed.

(Rakesh Kumar, J) nawalkrs/- U T