Md. Sharukh Shaikh @ Md. Sharukh @ Md. Sharukh Sher v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.8119 of 2023 Arising Out of PS. Case No.-216 Year-2022 Thana- MUNGER MUFFASIL District- Munger ====================================================== MD. SHARUKH SHAIKH @ MD. SHARUKH @ MD. SHARUKH SHER Son of Md. Jahangir R/o Mohalla- Hazratganj Khankah, Gali No- 4 P.Skasim Bazar Dist- Munger ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Y.C. Verma, Sr. Adv.

Mr.Fahad Khurshid, Adv.

For the Opposite Party/s :

Mr.Nawal Kishore Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 09-05-2023 Heard learned counsel for the parties.

Petitioner apprehends his arrest in connection with Mufassil P.S. Case No.216/2022, registered for the offence punishable u/s 304(B)/34 of the IPC.

As per the prosecution case, due to continuous demand of dowry by the F.I.R. named accused persons, the daughter of the informant is said to have committed suicide by jumping in river. It is submitted by learned counsel for the petitioner that petitioner is quite innocent and has committed no offence. He has been falsely implicated in this case. No such occurrence, in the manner as alleged, has ever taken place. The date of marriage is 10.05.2022 and the date of suicide is 22.06.2022 i.e. after one month of marriage but petitioner, who is husband of

Patna High Court CR. MISC. No.8119 of 2023(2) dt.09-05-2023 2/2 the deceased was living in Mumbai at that time. It is submitted that the deceased was in love affair with other person and was not happy with the marriage with petitioner. He has no criminal antecedent.

Learned APP for the State opposed the prayer for bail by submitting that petitioner is the husband of the deceased and there is specific allegation of demand of dowry against him. Having regard to the facts and circumstances of the case and considering 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. This application is accordingly dismissed.

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