Dipak Prasad @ Dipak Kumar v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.29825 of 2018 Arising Out of PS. Case No.-3317 Year-2010 Thana- SARAN COMPLAINT CASE DistrictSaran ====================================================== Dipak Prasad @ Dipak Kumar, Son of Narayan Bhagat, R/o Village- Sisai, P.S.- Mashrakh, District- Saran.

... ... Petitioner/s

Versus

1. The State of Bihar.

2. Dhurb Prasad, S/o Rampati Bhagat, R/o Basao P.S. Basantpur, DistrictSiwan. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner :

Mr. Awadhesh Kumar Singh, Advocate For the State :

Mr. Nityanand Tiwary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 21-06-2018 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is apprehending his arrest in a case registered under Sections 304B, 498A, 201/34 of the Indian Penal Code.

Allegation is that the accused persons including the petitioner committed murder of the daughter of the complainant due to non-fulfilment of 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. The

Patna High Court Cr.Misc. No.29825 of 2018(3) dt.21-06-2018 2/2 petitioner is Devar of the deceased. He is separate in mess and property from the husband of the deceased. The petitioner has been made accused due to mistake of fact.

On behalf of the State, it is submitted that the petitioner is named in the complaint case.

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 C.J.M., Saran at Chapra in connection with Complaint case No.3317 of 2010 (Tr. No.57 of 2018), subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Sudhir Singh, J) Narendra/- U T