Bharat Singh v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.47086 of 2017 Arising Out of PS. Case No.-34 Year-2016 Thana- NAWADA MUFFASIL District- Nawada ====================================================== Bharat Singh, Son of Bhola Singh, resident of Village- Neya, Police StationMuffasil, in the District of Nawada. ... ... Petitioner/s

Versus

1. The State of Bihar.

2. Ram Pravesh Singh, Son of Mishri Singh, resident of Village- Jhikarua, Police Station- Narhat, District- Nawada.

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

For the Petitioner/s :

Mr. Raj Kumar, Advocate For the Opposite Party/s :

Mr. NIRMAL KUMAR SINHA, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 08-12-2017 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is apprehending his arrest in a case registered under Sections 341, 323, 307, 498A/34 and 304B of the Indian Penal Code and 3⁄4 of Dowry Prohibition Act. Allegation is that the accused persons including the committed murder of the niece of the informant due to nonfulfilment of demand of dowry. It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent and there is no allegation of tampering of witnesses alleged against the petitioner. The petitioner has been made accused due to mistake of fact. The deceased is said to have died due to accidental fire.

Patna High Court Cr.Misc. No.47086 of 2017(3) dt.08-12-2017 2/2 The statement of the deceased has been recorded in para 20 of the case diary, where she has not supported the allegations made in the F.I.R., rather she has stated that due to accidental fire she sustained burn injury.

On behalf of the State, it is submitted that the petitioner is named in the F.I.R.

Considering the aforesaid facts and circumstances, let the petitioner, above named, in the event of arrest/surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Nawada in connection with Muffasil P.S. case No.34 of 2016, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) Narendra/- U T