Birendra Prasad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.26021 of 2018 Arising Out of PS.Case No. -75 Year- 2017 Thana -BISHWAMBHARPUR District- GOPALGANJ ====================================================== Birendra Prasad, Son of Bijai Prasad, Resident of Village- Rampur Jiwadhar, Police Station- Bishambharpur, District- Gopalganj. .... .... Petitioner

Versus

The State of Bihar.

.... .... Opposite Party ====================================================== Appearance :

For the Petitioner : Mr. Raghav Prasad, Advocate. For the Opposite Party : Mr. Rajendra Prasad Nat, APP. ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 09-07-2018 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner is languishing in custody since 20.07.2017 in a case for the offence registered under Sections 498(A), 304(B) and 201/34 of the IPC.

The prosecution story, in brief, is that the accused persons including the petitioner killed the victim due to nonfulfilment of demand of dowry. It has been submitted by learned counsel for the petitioner that the petitioner has got no criminal antecedent. Charge sheet has been submitted in the present case. There is no allegation of tampering with the witnesses alleged against the petitioner. The petitioner has been made accused in the present

Patna High Court Cr.Misc. No.26021 of 2018 (4) dt.09-07-2018 2/2 case due to mistake of fact. The said fact is evident from the petition filed on behalf of the informant in the court below which is Annexure-3 to the present application.

On behalf of the learned counsel for the State, it has been submitted that the petitioner is named in the F.I.R. Considering the aforesaid facts and circumstances, let the petitioner above named be released on bail on furnishing bail bonds of Rs.10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned 2nd Additional Sessions Judge, Gopalganj, in connection with S. Tr. No. 621 of 2017, arising out of Bishambharpur Police Station Case no. 75 of 2017.

(Sudhir Singh, J) U.K./Abhijeet U T