Pradeep Kumar @ Pappu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.72078 of 2018 Arising Out of PS. Case No.-269 Year-2017 Thana- DULHIN BAZAR District- Patna ====================================================== Pradeep Kumar @ Pappu Kumar Son of Shiv Kumar Das, resident of VillageSelhauri Bazar, P.S. Dulhin Bazar, District- Patna. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Radha Mohan Singh, Advocate For the Opposite Party/s :

Mr. Nityanand Tiwary, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 11-01-2019 Heard the learned counsel for the petitioner and the State.

The petitioner who is the husband of the daughter of the informant seeks bail in anticipation of his arrest in connection with Dulhin Bazar P.S. Case No. 269 of 2017 dated 07.11.2017 instituted for the offences under Sections 304(B), 201 and 34 of the Indian Penal Code and Sections 3/4 of the Dowry Prohibition Act.

Learned counsel for the petitioner has submitted that from the perusal of the FIR itself, it would appear that the information about the death of the daughter of the informant was received by him on 11.08.2015 but the present case has been lodged only on 07.11.2017 i.e. after about two years.

Patna High Court Cr.Misc. No.72078 of 2018(3) dt.11-01-2019 2/3 It has further been submitted on behalf of the petitioner that earlier a complaint was lodged by the informant with respect to the death of his daughter in which complaint, the date of the information about such death is stated to be somewhere in the year 2016. In the aforesaid complaint case, enquiry was entrusted to the police officer who reported that while the daughter of the informant was staying with the petitioner at Ludhiana, she became traceless and for which a case has been lodged by the petitioner at Ludhiana which is still pending investigation.

On the aforesaid grounds, learned counsel for the petitioner has submitted that the death of the daughter of the informant has not been proved and that the informant is every now and then coming with different set of facts, making the entire allegation even with respect to demand of dowry and death of his daughter to be absolutely unconfirmed and false. Regard being had to the aforesaid facts, the petitioner is directed to be released on bail, in the event of his arrest or surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order, on his furnishing bail bonds in the sum of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of

Patna High Court Cr.Misc. No.72078 of 2018(3) dt.11-01-2019 3/3 the learned Chief Judicial Magistrate, Danapur in connection with Dulhin Bazar P.S. Case No. 269 of 2017, subject to the conditions as laid down under Section 438(2) Cr.P.C.

(Ashutosh Kumar, J) krishna/- U T