Brajesh Singh @ Brajesh Kumar Singh @ Brijesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.16361 of 2018 Arising Out of PS. Case No.-20 Year-2017 Thana- AJIMABAD District- Bhojpur ====================================================== Brajesh Singh @ Brajesh Kumar Singh @ Brijesh Kumar, Son of Hriday Nand Singh, resident of Village- Chipura, P.S.- Azimabad, District- Bhojpur. ... ... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s :

Mr. Sangeet Deokuliar For the Opposite Party/s :

Mr. Panchanand Pandit ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 11-05-2018 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is apprehending his arrest in a case registered under Sections 498A, 304B, 120B, 201 of the Indian Penal Code.

Allegation is that the accused persons including the petitioner committed murder of grand daughter of the informant 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. The alleged date of occurrence is 23.07.2017. In respect of the same, a Complaint case was filed on 07.10.2017 i.e. after delay of 21⁄2

Patna High Court Cr.Misc. No.16361 of 2018(4) dt.11-05-2018 2/2 months. Thereafter F.I.R. was instituted under Section 156(3) Cr.P.C. The delay on the part of the prosecution has not been explained. The witnesses in paragraphs 11 and 12 of the case diary have stated that the deceased had died due to illness. She was taken to the doctor, but she could not be saved. 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 A.C.J.M. 8, Arrah in connection with Azimabad P.S. case No.20 of 2017, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) Narendra/- U T