Patna High CourtCR. MISC./2128/2019dismissed

Sanjay Bhagat @ Sanjay Bhakt v. The State Of Bihar

2019-02-28Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.2128 of 2019 Arising Out of PS. Case No.-500 Year-2016 Thana- MADHAURAH District- Saran ====================================================== SANJAY BHAGAT @ SANJAY BHAKT, son of Surendra Bhagat, Resident of Village- Chiutaha, P.S.- Baikunthpur, Goplaganj ... ... Petitioner

Versus

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

For the Petitioner/s :

Mr.Umesh Kumar Singh For the Opposite Party/s :

Mr.Arun Kumar (App82) ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 28-02-2019 Petitioner seeks bail in anticipation of his arrest in connection with Madhaurah P.S. Case No. 500 of 2016, corresponding to G.R.No. 7006 of 2016, registered for the offences punishable under Sections 304B and 498A of the Indian Penal Code.

Allegation against the petitioner is of committing dowry death and petitioner happens to be husband of the deceased and there is allegation that he set her on fire and killed her.

Submission of learned counsel for the petitioner is that earlier an U.D. case has been filed by mother of the petitioner stating that she caught fire while preparing food and later on after six days a complaint case has been filed. Further submission is that the whole prosecution story is false and

Patna High Court CR. MISC. No.2128 of 2019(3) dt.28-02-2019 2/2 concocted.

Heard learned APP also, who has opposed the prayer for anticipatory bail stating that there is allegation of demand of dowry and she died due to burn injury and petitioner is husband of the deceased.

Having heard both sides and in the facts and circumstances, I am not inclined to grant privilege of anticipatory bail to the petitioner, rather he should surrender and make prayer for regular bail, which shall be considered on its own merit, without being prejudiced by this order. With the above observation, this application is dismissed.

(Vinod Kumar Sinha, J) spal/- U T