Braham Shankar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.25721 of 2018 Arising Out of PS.Case No. -329 Year- 2017 Thana -KANKARBAGH DistrictPATNA ===================================== Braham Shankar Singh, Son of Late Sudarshan Singh, Resident of Village- Rasalpur, P.S.- Patoree, DistrictSamastipur, At present Mohalla- Indira Nagar, P.S.- Kankarbagh, District- Patna.

.... .... Petitioner/s

Versus

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

For the Petitioner/s :Mr. Bam Bahadur Jha, Adv. For the Informant :Mr. Surendra Kishore Thakur, Adv. For the State :Ms. Pushpa Sinha, APP ===================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 19-07-2018 Heard the learned counsel for the petitioner, informant and the State.

The petitioner seeks bail in anticipation of his arrest in connection with Kankarbagh P.S. Case No. 329 of 2017, dated 11.05.2017, instituted for the offences under Sections 304(B) and 201/34 of the Indian Penal Code. Mr. Bam Bahadur Jha, learned Advocate for the petitioner has argued that the petitioner is the father-in-law

Patna High Court Cr.Misc. No.25721 of 2018 (3) dt.19-07-2018 2/2 of the deceased and the mother-in-law as well as the servant of the deceased have been granted anticipatory bail by a Bench of this Court. He further submits that the cremation was done in the presence of the informant and he took away the two years old daughter of the deceased with him, but filed the present case after about six days of the occurrence. After some arguments, learned counsel for the petitioner seeks permission to withdraw the present petition in order to enable him to surrender before the court below and seek bail.

Permission is accorded.

Should such an application be filed before the court below, the same shall be considered on its own merits, without being prejudiced by the fact that the present anticipatory bail petition of the petitioner has not been entertained by this Court.

With the aforesaid observation, the petition is dismissed as withdrawn.

(Ashutosh Kumar, J) Praveen-II/- U T