Ram Kumar Singh v. The State Of Bihar

Patna High Court Cr.Misc. No.47126 of 2016 (2) dt.15-12-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.47126 of 2016 Arising Out of PS.Case No. -265 Year- 2016 Thana -BEGUSARAI MUFFASIL DistrictBEGUSARAI ====================================================== Ram Kumar Singh, son of Late Chathru Singh, R/o Ulao, P.S.-Muffasil (Singhaul O.P.), Dist.- Begusarai.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Chandan Kumar Kashyap, Advocate. For the Opposite Party/s : Mr. Sri Uday Chand Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 15-12-2016 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner apprehends his arrest in connection with Muffasil (Singhaul O.P.) P.S. Case No. 265 of 2016 registered under Sections 304(B) and 201/34 of the Indian Penal Code. The accusation is of killing of daughter of informant by her husband and in-laws due to non-fulfillment of demand of dowry and to dispose of her dead body.

Learned counsel for the petitioner submits that petitioner is the father-in-law of the deceased and has falsely been implicated in this case. It is further submitted that, in fact, deceased, daughter of the informant, was suffering from

Patna High Court Cr.Misc. No.47126 of 2016 (2) dt.15-12-2016 Meningitis and she was rushed for treatment at the clinic of Dr. Arun Kumar on 29.06.2016, where she died in course of treatment on 30.06.2016 in presence of the informant and funeral was also performed in his presence but due to ulterior motive informant lodged the present case. It is further submitted that the statement of Dr. Arun Kumar as detailed in paragraph 56 of the case diary, in which, he stated that the deceased was suffering from Meningitis. Moreover, the husband of the deceased is in custody. Considering the aforesaid submissions, let the above named petitioner 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. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Begusarai, in connection with Muffasil (Singhaul O.P.) P.S. Case No. 265 of 2016, subject to the condition as laid down under Section 438(2) of the Cr.P.C.

(Rajendra Kumar Mishra, J) Bhardwaj/- U T