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

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.55791 of 2017 Arising Out of PS.Case No. -589 Year- 2016 Thana -MANER District- PATNA ====================================================== Ripak Kumar Singh @ Ripak Kumar, Son of Rajeshwar Rai, Resident of Village- Jirakhan Tola, P.S.- Maner, District- Patna. .... .... Petitioner

Versus

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

For the Petitioner : Mrs. Soni Srivastava and Mr. Sanjay Kumar, Advocates.

For the Opposite Party : Mr. Sunil Kumar Pandey, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 11-12-2017 Heard learned counsel for the petitioner, learned A.P.P. for the State and learned counsel for the opposite party no. 2.

The petitioner is apprehending his arrest 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 nonfulfillment of demand of dowry. It has been submitted by learned counsel for the petitioner that the petitioner has got no criminal antecedent. There is no allegation of tampering with the witnesses alleged against the

Patna High Court Cr.Misc. No.55791 of 2017 (2) dt.11-12-2017 2/3 petitioner. The petitioner has falsely been implicated in the present case. The petitioner is the Dewar of the deceased. He is separate in mess and property from the husband of the deceased. The husband of the deceased is in custody. The deceased alongwith children have committed suicide. It is further submitted that no offence under Section 304(B) of the IPC can be made as the occurrence is said to have taken place after seven years of marriage. On behalf of the learned counsels for the State and opposite party no. 2, it has been submitted that the petitioner is named in the F.I.R/ complaint case and anticipatory bail of other co-accused has been rejected by another co-ordinate Bench of this Court vide Cr. Misc. No. 23170 of 2017 dated 05.07.2017. Considering the aforesaid facts and circumstances, I am not inclined to grant anticipatory bail to the petitioner. The same is rejected in connection with Maner P.S. Case No. 589/2016, pending in the court of learned J.M. Ist Class, Danapur, Patna.

Anyhow, if the petitioner surrenders in the learned court below within a period of six weeks from the date of receipt/production of copy of this order and files regular bail application, the same shall be considered by the learned court below on its own merit without being prejudiced by the order of

Patna High Court Cr.Misc. No.55791 of 2017 (2) dt.11-12-2017 3/3 this Court.

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