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Patna High CourtCR. MISC./81066/2024dismissed

Babloo Singh v. The State Of Bihar

2024-12-10Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.81066 of 2024 Arising Out of PS. Case No.-211 Year-2024 Thana- KHUSRUPUR District- Patna ====================================================== Babloo Singh Son of Laddu Singh Resident of Village- Sukerbegchak, P.S.- Khushrupur, District- Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Anuj Kumar Shrivastava, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 10-12-2024 Heard learned counsel for the petitioner and learned APP for the State.

2.

Petitioner is apprehending his arrest in connection with Khushrupur P.S. Case No.211 of 2024, registered for the offence punishable u/s 498A and 302 of IPC.

3.

As per prosecution case, petitioner is the husband of the deceased who along with his family members abused and assaulted the sister of the informant due to non-fulfilment of demand of dowry due to which she received grievous injury and died during the treatment.

4.

It is submitted by learned counsel for the petitioner that petitioner is quite innocent and has not committed any offence. He has been falsely implicated in this case. It is further submitted that the petitioner has never demanded dowry from

Patna High Court CR. MISC. No.81066 of 2024(2) dt.10-12-2024 2/2 the deceased. The fact is that her sari stucked her toe due to which she fell down from stairs and received injury on head and other parts of the body. Occurrence took place on 27.04.2024, deceased died on 10.05.2024 but FIR was lodged on 11.05.2024 without any explanation of delay of one day. Petitioner has no criminal antecedent.

5.

Learned APP for the State opposed the prayer for bail by submitting that petitioner along with other accused persons have killed the sister of the informant (deceased). 6.

Considering the aforesaid facts and circumstances and the nature of allegation, I am not inclined to enlarge the petitioner on bail. The prayer for grant of anticipatory bail on his behalf is hereby rejected.

7.

This application is accordingly dismissed.

8.

However, petitioner is at liberty to surrender before the learned Court below within six weeks from today and seek regular bail and the learned Court below would pass the order, preferably, on the same day, in accordance with law, without being prejudiced of this order.

(Anjani Kumar Sharan, J) priyanka/- U T