Azad Sah @ Azad Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.6030 of 2018 Arising Out of PS.Case No. -12 Year- 2017 Thana -MATIHANI District- BEGUSARAI ======================================================

1. Azad Sah @ Azad Kumar, S/o-Ram Jivan Sah Resident of VillageChakbali Diara, P.S.-Matihani, Dist.-Begusarai. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Shubhesh Pandey For the Opposite Party/s : Mr. Nagendra Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 12-02-2018 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner seeks anticipatory bail in Matihani P.S. Case No. 12 of 2017 instituted for the offences under Sections 304(B)/34 of the Indian Penal Code.

The victim has died due to un-natural death led to dowry case. The petitioner is husband having stated that during that period he was living in Banglore. Learned counsel for the petitioner submits that case has been lodged under wrong impression and he has wrongly been dragged in the present case. He has further submitted that other persons have been granted anticipatory bail by this Court but status of the present petitioner is as that of husband.

Patna High Court Cr.Misc. No.6030 of 2018 (3) dt.12-02-2018 In such view of the matter, this Court is not inclined to enlarge the petitioner on anticipatory bail. Accordingly the prayer for bail is rejected. However, if the petitioner surrenders before the court below within a period of four weeks, the court below will pass an order on its own merit without being prejudiced by the order passed by this Court. The court below will decide the case taking notice that other persons have been granted anticipatory bail.

(Shivaji Pandey, J) Vinay/- U T