Bhola Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.1017 of 2015 Arising Out of PS.Case No. -329 Year- 2013 Thana -FATUHA District- PATNA ======================================================
1. Bhola Kumar Son of Dinesh Ray Resident of Village - Jethuli, P.S.- Fatuha, District - Patna.
.... .... Petitioner
Versus
1. The State of Bihar .... .... Opposite Party ====================================================== Appearance :
For the Petitioner : Mr. Dhirendra Kumar Sinha For the Opposite Party : Mr. Ajay Kumar-I(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 18-03-2015 The petitioner being husband of the victim has preferred second anticipatory bail application in a case registered under Sections 304B/34 of the I.P.C. The accusation is killing the daughter of the informant by putting her on fire within two years of marriage for non-fulfilment of dowry demand.
It is submitted by learned senior counsel for the petitioner that during investigation some of the witnesses deposed that the victim caught fire while cooking while others deposed that the victim committed suicide since she suspected illicit relationship of her husband with another girl. Now the prayer has been renewed on the ground that informant has retracted from the initial version and has filed a petition to that effect before learned Court below.
Patna High Court Cr.Misc. No.1017 of 2015 (2) dt.18-03-2015 2/2 This Court is not inclined to entertain the second anticipatory bail application.
Let learned Court below consider the prayer for regular bail of the petitioner, keeping in view of the retracted version of the informant and the conflicting evidences collected during investigation, without being prejudiced by the order of this Court, if the petitioner surrenders within a period of four weeks and pray for regular bail in connection with Fatuha P.S. Case No. 329 of 2013, pending in the Court of learned Additional Chief Judicial Magistrate, Patna City. Accordingly the application is disposed off.
(Dinesh Kumar Singh, J) Shageer/- U T