Patna High CourtCR. MISC./45530/2016disposed

Rupesh Kumar Singh And ANR v. The State Of Bihar

2016-12-16Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.45530 of 2016 Arising Out of PS.Case No. -34 Year- 2016 Thana -DEORIYA District- MUZAFFARPUR ======================================================

1. Rupesh Kumar Singh, S/o Bishwanath Singh

2. Bibha Kumari @ Bibha Devi, W/o Late Manohar Singh Both resident of village - Bangara, P.S. Deoriya, District - Muzaffarpur .... .... Petitioner

Versus

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

For the Petitioners : Mr. Ramakant Yadav, Advocate For the Opposite Party : Mr. Sri Lalan Kumar (APP) For the informant : Mr. Sanjay Kumar @ S.K. ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 16-12-2016 Heard learned counsel for the petitioners, learned counsel for the informant and the learned A.P.P. for the State. The petitioners pray for anticipatory bail in connection with Deoriya P.S. case no. 34 of 2016 registered for the offences punishable under Section 304B/34 of the Indian Penal Code.

It has been submitted on behalf of petitioners that though the allegation against the petitioners is under Section 304B of the Indian Penal Code but the statement of the girl before the police prior to her death (Annexure-2) clearly shows that the petitioners are not responsible for her death.

Patna High Court Cr.Misc. No.45530 of 2016 (2) dt.16-12-2016 2/2 Learned counsel for the informant submitted that the investigation is still going on and the police, in connivance with accused persons, had created a forged document. Having heard both sides and in the above facts and circumstances of the case, let the abovenamed petitioners be surrender before the court below and the court below after considering the genuineness of Annexure-2 as well as case diary, pass appropriate order on their bail application. With these observations, this bail application is disposed of.

(Vinod Kumar Sinha, J.) rinkee/- U T