Shiv Shankar Prasad @ Sheo Shankar Sao v. The State Of Bihar

Patna High Court Cr.Misc. No.45014 of 2018 (3) dt.10-08-2018

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.45014 of 2018 Arising Out of PS.Case No. -130 Year- 2018 Thana -FATUHA District- PATNA ======================================================

1. Shiv Shankar Prasad @ Sheo Shankar Sao, Son of Late Ratan Sao, a resident of village- Govindpur, Police Station- Fatuha, District- Patna. .... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Arvind Kumar Mouar For the Opposite Party/s : Mr. Smt. Sharda Kumari ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 10-08-2018 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner is in custody since 18.06.2018 in connection with Fatuha P.S. Case No. 130 of 2018 for the offence registered under Sections 304(B), 201/34 of the Indian Penal Code.

Learned counsel for the petitioner submits that the provisions of Section 304(B) would not apply in view of the fact that the marriage took place in the year 2009 itself which period excludes the ambit of Section 304(B) of the Indian Penal Code. It is further submitted no specific role has been attributed to the present petitioner and, therefore, he may be extended the privilege of bail.

Patna High Court Cr.Misc. No.45014 of 2018 (3) dt.10-08-2018 Considering the aforesaid facts and circumstances of the case, let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned ACJM, Patna City in connection with Fatuha P.S. Case No. 130 of 2018.

(Anjana Mishra, J) Jagdish/- U T