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Patna High CourtCR. MISC./5599/2020rejected

Dharmendra Singh v. The State Of Bihar

2020-11-04Mr. Justice Dr. Anil Kumar Upadhyay2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.5599 of 2020 Arising Out of PS. Case No.-137 Year-2019 Thana- PANAPUR District- Saran ====================================================== Dharmendra Singh S/o Yogendra Singh R/o village- Karchulia, P.S.- Panapur, Distt.- Saran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Sanjay Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 04-11-2020 Heard learned counsel for the petitioner and learned counsel for the State.

Petitioner is the husband who is apprehending arrest in connection with Panapur P.S.Case No. 137 of 2019 for the offence under Sections 304(B) and 201/34 of the Indian Penal Code.

Learned counsel for the petitioner would submit that the petitioner has no criminal antecedent. In the instant case, the marriage took place on 09.12.2011 and the death has occurred after seven years of marriage and therefore Section 304B is not attracted in the present case. However, the deceased died in the suspicious circumstance in the matrimonial home. In the aforesaid circumstances, the Court is not inclined to grant privilege of anticipatory bail to the husband of

Patna High Court CR. MISC. No.5599 of 2020(5) dt.04-11-2020 2/2 the deceased.

However, liberty shall be available to the petitioner to surrender before the court below and pray for regular bail on filing of regular bail application, the court below shall dispose of the application for regular bail on its own merit without being prejudiced by any observation made herein above and shall dispose of the application for regular bail on the same day. (Anil Kumar Upadhyay, J) B.Kr./-Saif U T