Patna High CourtCR. MISC./34005/2014rejected

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

2015-01-20Mr. Justice Hemant Kumar Srivastava2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.34005 of 2014 Arising Out of PS.Case No. -294 Year- 2012 Thana -TAJPUR District- SAMASTIPUR ======================================================

1. Gopal Kumar Singh @ Gopal Singh Son of Late Misri Lal Singh Resident of Village - Maricha (Gahila), P.S. - Tajpur (Halai), District - Samastipur.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Surya Narayan Roy For the Opposite Party/s : Mr. Anil Kumar(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 20-01-2015 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State. Petitioner is husband of the victim and initially the case was registered under section 498A, 364 of the Indian Penal Code as well as 3⁄4 of Dowry Prohibition Act but subsequently, police submitted charge sheet under section 304B, 201/34 of the Indian Penal Code.

It would appear from the case diary that in course of investigation, several witnesses stated that deceased died in mysterious circumstance and her dead body was disposed of by the petitioner without giving any information to the parents of the deceased.

Patna High Court Cr.Misc. No.34005 of 2014 (3) dt.20-01-2015 2/2 Learned counsel for the petitioner submits that the informant lodged this case, under misconception and as a matter of fact, deceased died of her ailment and when the real fact came to notice of the informant, he compromised the case with the petitioner.

Regard being had to the facts and circumstances as well as submissions of the parties, I am not inclined to grant privilege of bail to the petitioner, accordingly, his prayer for bail in connection with Tajpur ( Hali) P.S.Case No. 294 of 2012, pending in the court of Chief Judicial Magistrate, Samastipur. (Hemant Kumar Srivastava, J) Namita/- U