Sudhir Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.22654 of 2021 Arising Out of PS. Case No.-786 Year-2017 Thana- NAWADA District- Nawada ====================================================== SUDHIR KUMAR S/o Shankar Prasad R/o village- Nardiganj Parpa, P.S.- Nardiganj, District- Nawada ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr.A.G ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 01-07-2021 Heard learned counsel for the petitioner and learned APP for the State through virtual mode.

Counsel for the petitioner is directed to remove the defect(s), as pointed out by the office, within a period of four weeks from the date of restoration of normalcy. The petitioner is apprehending his arrest in connection with Nawada Town P.S. case No.786 of 2017 registered under Sections 498(A), 304(B), 34 of the Indian Penal Code, pending in the court of Chief Judicial Magistrate, Nawada. Allegation is that the accused persons including the petitioner caused death of the daughter of the informant due to non-fulfilment of demand of dowry.

It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. There is no

Patna High Court CR. MISC. No.22654 of 2021(2) dt.01-07-2021 2/2 allegation of tampering of witnesses alleged against the petitioner. The petitioner has falsely been implicated in the present case. There is no eye witness to the alleged occurrence. Except for oral evidence, there is no other substantive evidence to suggest the implication of the petitioner in the present case. On behalf of the State, it is submitted that the petitioner is named in the F.I.R. The petitioner is the husband of the deceased and the onus is on him to explain the cause of death of the deceased.

Considering the aforesaid facts and circumstances, I am not inclined to grant anticipatory bail to the petitioner. The same is rejected.

If the petitioner surrenders before the court below and prays for regular bail, the same shall be considered on its own merit without being prejudiced by this order. (Sudhir Singh, J) Narendra/- U T