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Patna High CourtCR. MISC./21628/2019dismissed

Amit Mishra v. The State Of Bihar

2019-06-21Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.21628 of 2019 Arising Out of PS. Case No.-240 Year-2018 Thana- KUDRA District- Kaimur (Bhabua) ====================================================== Amit Mishra, Son of Sri Manoj Mishra Resident of Village - Banausi, P.S.- Karamchat, Present Resident of Village - Sasapur, P.S.- Kudra, District - Kaimur at Bhabua.

... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Prabhakar Singh For the Opposite Party/s :

Mr. Jagdhar Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 21-06-2019 This is an application for grant of anticipatory bail in connection with Kudra P.S. Case No.240 of 2018, disclosing offence under Section 304B of the Indian Penal Code. Allegation against the petitioner is of dowry death. He happens to be the husband of the deceased.

Submission of the learned counsel for the petitioner is that as a matter of fact, she died due to some illness and he has falsely been implicated in this case. Now realizing the same, informant has filed a compromise petition before the court below.

Heard learned A.P.P. and learned counsel appearing on behalf of the informant, also who has opposed the prayer for bail on the ground that petitioner is husband and dead body was recovered from his house.

Patna High Court CR. MISC. No.21628 of 2019(3) dt.21-06-2019 2/2 Having heard both sides, in view of the facts and circumstances, as stated above, I am not inclined to grant privilege of anticipatory bail to the petitioner, however, the petitioner is directed to surrender before the learned court below and make prayer for regular bail, the same shall be considered by the learned trial court on its own merit.

With the aforesaid, this application is dismissed. (Vinod Kumar Sinha, J) Sunil Shukla/- U T