Patna High CourtCR. MISC./24312/2014bail granted

Santosh Kumar v. The State Of Bihar

2015-10-07Mr. Justice Vikash Jain2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.24312 of 2014 Arising Out of PS.Case No. -38 Year- 2014 Thana -MURLIGANJ District- MADHEPURA ====================================================== Santosh Kumar son of Jai Kishore Yadav, resident of village- Khari Tola Rahta, P.S.- Murliganj, District- Madhepura .... .... Petitioner

Versus

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

For the Petitioner : Mr. Uday Chand Prasad, Advocate For the State : Mr. J.K. Singh, APP For the Informant : Mr. Mahendra Thakur, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 07-10-2015 Heard learned counsel for the petitioner and learned APP for the State assisted by learned counsel for the informant.

2. The petitioner apprehends his arrest for the offences alleged under Sections 323, 304, 304B and 498A read with Section 34 of the Indian Penal Code and Section 3/4 of the Dowry Prohibition Act registered in connection with Murliganj P.S. Case No. 38 of 2014.

3. It is submitted that the petitioner has been falsely implicated as the deceased died on account of the fact that she had been suffering from blood cancer.

4. Learned APP assisted by the learned counsel for the informant, submits on the basis of the case diary that charge sheet has been submitted under Section 306 of the Indian Penal Code. He refers to paragraph 48 of the case diary according to which the

Patna High Court Cr.Misc. No.24312 of 2014 (7) dt.07-10-2015 2/2 deceased had been admitted for treatment of cancer.

5. Having regard to the entirety of the facts and circumstances of the case, the provisional anticipatory bail granted to the petitioner by order dated 11.09.2014 pending in the Court of learned Chief Judicial Magistrate, Madhepura in connection with Murliganj P.S. Case No. 38 of 2014 shall stand hereby confirmed subject to the conditions as laid down under Section 438 (2) Cr.P.C.

(Vikash Jain, J) B.T/- U R