Ram Pravesh Singh v. The State Of Bihar

Patna High Court Cr.Misc. No.43729 of 2018 (2) dt.23-07-2018

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.43729 of 2018 Arising Out of PS.Case No. -22 Year- 2017 Thana -MAHKAR District- GAYA ======================================================

1. Ram Pravesh Singh S/o late Ganauri Singh Resident of Village - Mirapur (Mira Bigha), P.S. Mahakar, District- Gaya.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ajay Kumar Sinha For the Opposite Party/s Smt. Sahin Begam ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 23.07.2018 Heard learned counsel for the petitioner as well as learned Addl. Public Prosecutor for the State. Petitioner happens to be father-in-law of the deceased and has been made accused in a case registered under section 304B/34 of the IPC.

The first information report goes to show that marriage of the deceased had taken place in the year 2005 and she died in the year 2017 i.e. after 12 years of her marriage but instead of that officer-in-charge of Mahakar police station lodged case under section 304B/34 of the IPC. It goes to show that the concerned SHO does not know the basic ingredients of section 304B of the IPC. Moreover, the impugned order goes to show that

Patna High Court Cr.Misc. No.43729 of 2018 (2) dt.23-07-2018 except suspicion, there is nothing against the petitioner who is languishing in jail custody since 19.12.2017. Considering the aforesaid facts and circumstances as well as submissions of the parties, let the petitioner be released on bail on furnishing bail bonds of Rs 10,000/- with two sureties of the like amount each to the satisfaction of the Addl. Sessions Judge II, Gaya in Sessions trial no. 58 of 2018/ 157 of 2018 arising out of Mahakar P.S. Case no. 22/2017.

shahid (Hemant Kumar Srivastava,J) U T