Mahendra Sharma v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.10522 of 2015 Arising Out of PS.Case No. -57 Year- 2004 Thana -BHAGWANPUR District- BEGUSARAI ======================================================

1. Mahendra Sharma Son of Bodhan Sharma, Resident of Village - Malhipur, P.S. - Bhagwanpur, District - Begusarai. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Rai Mukesh Sharma, Advocate For the Opposite Party/s : Mr. Parmanand Prasad (APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 13-03-2015 Heard learned counsel for the petitioner and the State.

Petitioner being the elder brother of the victim is apprehending his arrest in a case registered for the offences punishable under Sections 498A, 120B, 304B, 201 of the Indian Penal Code.

Accusation is of killing the daughter of the informant after three years of marriage for non-fulfillment of dowry demand.

It is submitted by the learned counsel for the petitioner that the husband of the victim has been acquitted by Sessions Trial No. 76 of 2005.

This Court is not inclined to interfere only because the case was instituted in 2005, but the acquittal of the husband of the victim constitutes a ground for consideration of

Patna High Court Cr.Misc. No.10522 of 2015 (2) dt.13-03-2015 prayer for regular bail of the petitioner, if the petitioner surrenders before the learned court below within a period of six weeks from today in connection with Bhagwanpur P.S. Case No. 57 of 2004, pending in the court of learned Chief Judicial Magistrate, Begusarai.

With this observation this application is disposed of.

(Dinesh Kumar Singh, J) P.K./- U T