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Patna High CourtCR. MISC./27725/2015rejected

Radhe Shyam Mahto v. The State Of Bihar

2016-01-06Justice Smt. Anjana Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.27725 of 2015 Arising Out of PS.Case No. -584 Year- 2014 Thana -GOPALGANJ CITY District- GOPALGANJ ====================================================== Radhe Shyam Mahto .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Rajesh Roy For the Opposite Party/s : Mr. J.N.Thakur(App) ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 06-01-2016 Heard learned counsel for the petitioner and learned counsel appearing on behalf of the State.

The petitioner is apprehending his arrest in connection with Gopalganj Town P.S. Case No. 584 of 2014, registered for offences punishable under Sections 304(B)/34 of the Indian Penal Code.

Diary in the present case was called for which has since been received.

Learned counsel for the petitioner submits that actually the victim had fallen down and during the course of treatment, she died.

Learned counsel appearing on behalf of the State while referring the certain paragraphs of the case diary submitted that actually it is a dowry death and the subsequent statement of the

Patna High Court Cr.Misc. No.27725 of 2015 (4) dt.06-01-2016 2/2 informant that the girl died during the course of her treatment in the hospital is contradictory as earlier he has submitted that she was found dead after having had a fall at the tubewell. Considering the facts and circumstances of the case, I am not inclined to grant the anticipatory bail to the petitioner, which is accordingly rejected.

(Anjana Mishra, J) sunil/- U T