Lalan Choupal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.29580 of 2015 Arising out of PS.Case No. -250 Year- 2014 Thana -BAHERA District- DARBHANGA ====================================================== Lalan Choupal, son of Chander Choupal, resident of village- Bashauli, Police Station - Bahera, District- Darbhanga. .... .... Petitioner

Versus

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

For the Petitioner : Mr. Girish Chandra Jha, Advocate. For the Opposite Party : Mr. Md.Aslam Ansari(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 28-07-2015 The petitioner is apprehending his arrest in connection with Bahera P.S. Case No. 250 of 2014 for the offences instituted under Sections 304(B) and 201/34 of the IPC.

Heard learned counsel for the petitioner and learned counsel for the State.

The accusation is of killing the grand-daughter of the informant for non-fulfilment of dowry demand after four years of marriage.

It has been submitted on behalf of the petitioner that the petitioner has been made accused due to mistake of fact. The said fact is evident from the petition filed by the informant in the court below.

On behalf of the State it has been submitted that the

Patna High Court Cr.Misc. No.29580 of 2015 (2) dt.28-07-2015 2/2 petitioner is named in the F.I.R.

Considering the aforesaid facts and circumstances, I am not inclined to grant anticipatory bail to the petitioner. The same is rejected in Bahera P.S. Case No. 250/2014, pending in the court of the learned A.C.J.M., Benipur, Darbhanga. Anyhow, if the petitioner surrenders in the court below within a period four weeks the same shall be considered on its own merit without being prejudiced by this order.

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