Manoj Kumar Gupta @ Manoj Kumar v. The State Of Bihar
Patna High Court Cr.Misc. No.39677 of 2015 (3) dt.01-02-2016
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.39677 of 2015 Arising Out of PS.Case No. -327 Year- 2014 Thana -CHAPRA TOWN District- SARAN ====================================================== Manoj Kumar Gupta @ Manoj Kumar Son of Paras Sao Resident of Kathari Bagh, Near mahavir Madir,P.s Nagar Chapra District Saran,. .... .... Petitioner
Versus
The State of Bihar .... .... Opposite Party ====================================================== Appearance :
For the Petitioner : Mr. Dilip Kumar For the Opposite Party : Mr. S.N.Shukla(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 01-02-2016 Heard learned counsel for the petitioner and learned counsel for the State The petitioner is apprehending his arrest in connection with Chapra Town P.S. Case No. 327 of 2014 pending in the Court of CJM, Saran for the offences instituted under Sections 304(B)/34 of the Indian Penal Code.
As per prosecution case, it is a case of murder of informant's married daughter by the accused persons due to nonfulfilment of demand of dowry. It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. There is no direct or indirect evidence against the petitioner. In course of investigation, it has come that the alleged occurrence had taken place much prior
Patna High Court Cr.Misc. No.39677 of 2015 (3) dt.01-02-2016 to the date as alleged in the FIR. Petitioner has falsely been implicated in the present.
On behalf of the State, it has been submitted that the petitioner is named in the FIR and he is the husband of the deceased.
Considering the aforesaid facts and circumstances of the case, I am not inclined to release the above named petitioner on anticipatory bail, the same is rejected.
Anyhow, if the petitioner surrenders in the court below within a period of four weeks, the same shall be considered on its own merit without being prejudiced by this order. (Sudhir Singh, J) B.Kr./- U T