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Patna High CourtCR. MISC./8907/2019disposed

Sudhir Kumar And ANR. v. The State Of Bihar

2019-05-08Mr. Justice Rajendra Kumar Mishra3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.8907 of 2019 Arising Out of PS. Case No.-98 Year-2018 Thana- CHIKSAUR District- Nalanda ====================================================== 1.

Sudhir Kumar, S/o Chaneshwar Gop resident of village-Fulwariya, P.SChiksaura, District-Nalanda. 2.

Chaneshwar Gop S/o Late Bhorik Das @ Late Ramji Das resident of village-Fulwariya, P.S-Chiksaura, District-Nalanda. ... ... Petitioners

Versus

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

For the Petitioner/s :

Mr.Anil Kumar For the Opposite Party/s :

Mr.Shyam Bihari Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 08-05-2019 Learned counsel appearing on behalf of the petitioners seeks permission to withdraw the application filed on behalf of the petitioner No.2, namely, Chaneshwar Gop as he has already been apprehended by the Police.

In view of the above submission, the application filed on behalf of petitioner No.2, namely, Chaneshwar Gop is dismissed as withdrawn.

Heard leaned counsel for the petitioner No.1, namely, Sudhir Kumar and the leaned A.P.P. for the State. The petitioner apprehends his arrest in connection with Chiksaura P.S. Case No. 98 of 2018, registered under Sections 304(B), 328, 201 and 120(B) of the Indian Penal

Patna High Court CR. MISC. No.8907 of 2019(4) dt.08-05-2019 2/3 Code, pending in the court of the Additional Chief Judicial Magistrate, Hilsa, Nalanda.

The accusation is that marriage of the sister of the informant was performed with petitioner No.1 Sudhir Gop. At that time, cash of Rs. Five Lakhs, utensils, motorcycle etc. were given at the time of marriage. While his sister was kept properly for some day at her Sasural, but, thereafter, her husband and other in-laws started demanding cash of Rs. One Lakh, golden chain and bed then informant showed his inability and also went to the sasural of his sister and tried to convinced. On 14.09.2018, the sister of the informant was taken in Bidai, thereafter, on 20.09.2018, his sister was administered poison and her dead body concealed anywhere. Learned counsel for the petitioner submits that, admittedly, the petitioner is the husband of the deceased and her dead body was not found in his house, rather, the same was found under Okari O.P., District-Jehanabad, which is 25 K.M away to the house of the petitioner.

Having considered the facts and circumstances of the case and the nature of allegation against the petitioner, I am not inclined to grant anticipatory bail to the petitioner. Accordingly, his prayer for grant of anticipatory bail stands

Patna High Court CR. MISC. No.8907 of 2019(4) dt.08-05-2019 3/3 rejected. The petitioner is directed to surrender before the trial Court within four weeks and pray for regular bail, which would be considered by the trial Court in accordance with law without being prejudiced by the order of this Court.

(Rajendra Kumar Mishra, J) manish/- U T