Prem Singh @ Prem Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.38246 of 2021 Arising Out of PS. Case No.-252 Year-2020 Thana- PHULWARIYA District- Gopalganj ====================================================== PREM SINGH @ PREM KUMAR SINGH Son of Dhrup Singh @ Dhrup Deo Singh Resident of Village- Bairagi Tola, P.S.- Phulwariay (Sripur O.P.), District- Gopalganj.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Naresh Prasad For the Opposite Party/s :

Mr.APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 13-12-2021 Heard learned counsel for the petitioner and learned counsel for the State.

Petitioner seeks bail in connection with Phulwariya P.S. Case no. 252 of 2020 registered for the offence punishable under sections 304B, 201/34 of the Indian Penal Code. Learned counsel for the petitioner submits that from perusal of the allegation as alleged in the FIR, it would manifest that marriage was more than seven years old and the allegation of dowry demand appears to be superfluous. Learned counsel submits that the deceased was suffering from illness and as such she died. Learned counsel further submits that from perusal of the allegation as alleged in the FIR, it would manifest that information of death of the deceased was given to the informant

Patna High Court CR. MISC. No.38246 of 2021(2) dt.13-12-2021 2/2 on 8.10.2020 and he reached matrimonial home of the deceased on 9.10.2020 but the present FIR came to be instituted on 11.10.2000 as such learned counsel submits that the informant was well aware that the deceased died due to illness and after participation in the cremation, he instituted the present false case. At this stage, learned counsel submits that no doubt, petitioner is husband of the deceased but he has been falsely implicated in the present case.

Learned counsel at this stage, seeks permission to withdraw the present bail petition with liberty to renew his prayer for bail after framing of the charge or after one year whichever is later.

Learned APP Sri Raj Ballav Singh is present.

Permission is accorded.

(Satyavrat Verma, J) s.hassan/- U T