Patna High CourtCR. MISC./31463/2018disposed

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

2018-06-22Mr. Justice Hemant Kumar Srivastava2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.31463 of 2018 Arising Out of PS.Case No. -30 Year- 2016 Thana -SIDHWALIA District- GOPALGANJ ====================================================== Deepak Kumar @ Deepak Kumar Singh S/o Late Chhotelal Prasad, R/o Vill.- Bazar Khajuriya, P.S.- Sidhwalia, District- Gopalganj. .... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Lokesh Kumar Singh For the Opposite Party/s : Mr. Ramchandra Sahani ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 22-06-2018 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State. Petitioner apprehends his arrest in connection with Sidhwalia P.S. Case No. 30 of 2016 registered for the offences punishable under Sections 304-B/34 of the Indian Penal Code. Petitioner happens to be husband of the deceased and it is admitted case of the informant that at the time of death of the deceased petitioner was abroad in connection with his job. Submission on behalf of the petitioner is that trial of co-accused, Dipu Kumar was separated from the case of the petitioner and the aforesaid co-accused, Dipu Kumar faced trial in Sessions Trial No. 864 of 2016 and in the aforesaid trial, informant was examined as PW-5 but he did not support the

Patna High Court Cr.Misc. No.31463 of 2018 (3) dt.22-06-2018 2/2 prosecution case and stated that there was no demand of dowry. He further submits that aforesaid co-accused, Dipu Kumar was acquitted of the charges vide judgment dated 21.06.2017 passed in Sessions Trial No. 864 of 2016.

In view of the aforesaid submissions, this petition stands disposed of directing the petitioner to surrender before the court below within eight weeks and if he does so and seek regular bail, the concerned court shall consider the regular bail application of the petitioner on its own merit without being prejudiced by this order.

(Hemant Kumar Srivastava, J) SHAHZAD/- U T