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Gopal Kumar Vs State Of Bihar and Anr. — Pension and Retirement Benefits | Patna HC (2016)

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Patna HC
2016
Gopal Kumar Vs State Of Bihar and Anr.Gopal Kumar v. State Of Bihar and Anr.

Disposed

Gopal Kumar v. State Of Bihar and Anr.

Patna HC5 Apr 2016CR. MISC./7156/2016

Case brief

AI extract

What is this about?

Petitioner seeking bail in dowry-related murder case court granted regular bail upon surrender conditions.

What did the court decide?

Regular bail granted if petitioner surrenders within six weeks in connection with the pending case.

What the court decided

AI extract

A

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.7156 of 2016

Arising Out of PS.Case No. -319 Year- 2015 Thana -KHAGARIA District- KHAGARIA

====================================================== 1. Gopal Kumar Son of Chit Ranjan Singh, R/o Village - Sihma, P.S. - Matihani, District - Begusarai. .... .... Petitioner/s Versus

The State of Bihar.

Chhote Kumar @ Chote Prasad Singh, S/o Late Permanand Prasad Singh, r/o Village - Rahimpur, Pachkutti, P.S. - Muffasil, District - Khagaria.

.... .... Opposite Party/s

====================================================== Appearance : For the Petitioner/s : Mr. Sanjay Kumar For the Opposite Party/s : Mr. Md. Ansural Haque(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER

3 05-04-2016 The petitioner being husband of the victim is apprehending his arrest in a case registered for the offences punishable under Sections 498A, 328, 313, 323, 34 of the Indian Penal Code and Section 4 of the Dowry Prohibition Act. Subsequently Section 304B I.P.C was also added. .

Parties & counsel

AI extract

petitioner
Gopal Kumar
respondent
The State of Bihar
respondent
Chhote Kumar

Coram

AI extract

Case details

As recorded by the court registry

Court: Patna HC
Decided on: 5 Apr 2016 · April
Registered: 11 Feb 2016
Case no.: CR. MISC./7156/2016

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Cite this judgement

Gopal Kumar v. State Of Bihar and Anr., CR. MISC./7156/2016 (PAT), decided on 5 April 2016.

The Patna High Court publishes no neutral citation for this judgement — cite it by case number and date of decision.

Bench / Coram

Dinesh Kumar Singh

Parties & counsel

Outcome

Regular bail granted if petitioner surrenders within six weeks in connection with the pending case.

Detailed headnote1 paragraphs

Application for bail allowed granted regular bail to petitioner husband who surrendered within six weeks considering the victim died years after marriage barring Section 304B IPC application.

A compact analysis

This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.

The prosecution case is of killing the daughter of the informant for non-fulfilment of dowry demand and getting the pregnancy terminated.

It is submitted by learned counsel for the petitioner that petitioner admits his marriage with the daughter of the informant and got her trained as ANM but she was suffering from renal failure for which she was being provided adequate medical facility but ultimately due to the renal failure the victim died. It is further submitted that as per the own

Patna High Court Cr.Misc. No.7156 of 2016 (3) dt.05-04-2016

P2/2

admission of the informant that marriage was performed on 02.05.2008 when the victim died on 24.05.2015 the case does not come within the purview of Section 304B I.P.C. So far as 164 Cr.P.C statement of the victim is concerned, that suggests only torture. Hence, considering the 164 Cr.P.C statement also no case under Section 302 I.P.C is made out against the petitioner.

Learned counsels for the informant and the State submit that the victim got her 164 Cr.P.C statement recorded on 22.05.2015 where she alleged that she was being tortured and overdose of the medicines were given for getting the pregnancy terminated leading to her kidney failure.

Considering the fact that as per the own admission of the informant that the victim died after little about seven years of marriage, it is a case for consideration of prayer for regular bail of the petitioner, if the petitioner surrenders within a period of six weeks in connection with Khagaria P.S. Case No. 319 of 2015, pending in the Court of learned Chief Judicial Magistrate, Khagaria.

With the observations above, the application stands disposed off.

(Dinesh Kumar Singh, J)

Shageer/-

U T

Dinesh Kumar Singh

CNR

BRHC010025652016

Topic

Pension and Retirement Benefits

Bench

Dinesh Kumar Singh

Disposal

DISPOSED

Deepak Ray @ Deepak Rai Vs The State Of Bihar

5 Apr 2016

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5 Apr 2016