Dilip Kumar v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.55409 of 2017 Arising Out of PS.Case No. -271 Year- 2015 Thana -PATNA COMPLAINT CASE DistrictPATNA ======================================================

1. Dilip Kumar, Son of Late Arjun Pandit, Resident of Village-Paijawapar, Barh, Police Station-Barh, District-Patna.

.... .... Petitioner

Versus

1. The State of Bihar

2. Lalo Yadav S/o Late Raghunandan Yadav, Resident of VillageLakchhuchak, P.S.-Belchhi, District-Patna. .... .... Opposite Parties ====================================================== Appearance :

For the Petitioner/s : Mr. Gajanan Mishra For the Opposite Party/s : Mr. Ashok Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 23-11-2017 Heard learned counsel for the petitioner, learned counsel for the State and learned counsel for the O.P. No.2. The petitioner is apprehending his arrest in a case instituted under Sections 498(A), 304(B), 302 and 201 of the Indian Penal Code.

The allegation against the petitioner is of committing murder of the deceased due to non-fulfillment of the demand of dowry.

It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. The petitioner has falsely been implicated in the present case. Earlier a

Patna High Court Cr.Misc. No.55409 of 2017 (2) dt.23-11-2017 2/2 police case was instituted against the petitioner. After investigation, the police submitted final form, which was accepted by the court. Later on, the case proceeded on the basis of protestcum-complaint. Now cognizance has been taken on the basis of Protest-cum-Complaint. Since there was no material in course of investigation, hence final form was submitted by the police. On behalf of the State and counsel for the O.P. No.2, it has been submitted that the petitioner is named in the Complaint Case.

Considering the aforesaid facts and circumstances, let the petitioner above named be released on anticipatory bail in the event of arrest or surrender before the learned court below within a period of six weeks from today in connection with Complaint Case No.271©/2015 on furnishing bail bond of Rs. 10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M.-II, Barh, Patna, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) Amit/- U T