Phul Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.17003 of 2022 Arising Out of PS. Case No.-69 Year-2016 Thana- UCHKAGAON District- Gopalganj ====================================================== 1.

PHUL KUMAR SINGH RAM BICHAR SINGH Resident of Village - Jhirwan Mauje, Police Station - Uchkagaon, District - Gopalganj. 2.

PAPPU SINGH @ PAPPU KUMAR KUSHWAHA Son of Ram Bichar Singh Resident of Village - Jhirwan Mauje, Police Station - Uchkagaon, District - Gopalganj.

... ... Petitioners.

Versus

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

For the Petitioner/s :

Mr. Bijay Prakash Singh, Advocate For the Opposite Party/s :

Mr. Jitendra Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 17-08-2022 Heard learned counsel for the petitioners and learned APP for the State.

After some arguments, learned counsel for the petitioners seeks permission to withdraw this application in respect of petitioner no.1.

Permission is granted.

Accordingly, this application is dismissed as withdrawn in respect of petitioner no.1 only. Now, this application survives only for petitioner no.2.

Learned counsel for the petitioners is directed to remove the defects, as pointed out by the office, within a period

Patna High Court CR. MISC. No.17003 of 2022(2) dt.17-08-2022 2/3 of four weeks. In the eventuality of non-removal of defects within undertaken period, the office will place the matter before the Bench.

Petitioner no.2 apprehends his arrest in a case registered for the offences punishable under Section 304B & 120B/34 of the Indian Penal Code.

The daughter of the informant is said to have killed by the petitioner in association of other co-accused over nonfulfillment of demand of dowry. It is submitted by learned counsel for the petitioner that no such occurrence as alleged ever took place. He has been falsely implicated in this case because he is the brother-in-law (Bhaisur) of the deceased. The allegation levelled against the petitioner is not specific rather general and omnibus in nature. As a matter of fact, the deceased committed suicide as she always met to unknown person and wanted to live at her Maika for which the Sasural people used to forbade her. The petitioner is living separately with the husband of the deceased. Moreover, on intervention of well wishers of the parties the matter has been compromised between the parties and the compromise petition has also been annexed as Annexure-2 to this application. Similarly situated co-accused,

Patna High Court CR. MISC. No.17003 of 2022(2) dt.17-08-2022 3/3 namely, Ram Bichar Singh and others have been enlarged on bail by a co-ordinate bench of this court vide order dated 14.12.2017 passed in Cr. Misc. No. 51068 of 2017. Having regard to the facts and circumstances of the case, let the above named petitioner no.2, be released on bail, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned Court below where the case is pending/successor Court in connection with Uchakagaon P.S. Case No. 69 of 2016, subject to the condition as laid down under Section 438

(2) of the Cr.P.C.

(Anjani Kumar Sharan, J) Trivedi/- U T