Pankaj Kumar Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.12734 of 2016 Arising Out of PS.Case No. -90 Year- 2015 Thana -PATEPUR District- VAISHALI(HAJIPUR) ====================================================== Pankaj Kumar Rai Son of Sri Ram Chandra Rai, Resident of VillageDehduea Kasturi Sarai, P.S.- Patepur, District- Vaishali. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Niraj Kumar For the Opposite Party/s : Mr. Vinod Shankar Modi(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE KISHORE KUMAR MANDAL ORAL ORDER 25-05-2016 Heard the counsel for the petitioner and the APP for the State.

The husband of the victim is facing prosecution under section 304-B ILPC lodged by the brother-in-law. The allegation is that the victim was married to the petitioner in 2012 whereafter she was being tortured on account of non-fulfilment of the demand of dowry. She was done to death in the mysterious circumstances while staying in the matrimonial home.

The contention of the petitioner is that she died a natural death. She was afforded medical care/assistance. The mother-inlaw and the father-in-law have been granted anticipatory bail. it is also submitted that the complainant/informant later filed an application in the court absolving the petitioner of the allegation.

Patna High Court Cr.Misc. No.12734 of 2016 (3) dt.25-05-2016 2/2 Learned APP opposed the prayer and submitted that the petitioner being the husband has to take the responsibility of the unnatural death of his wife in the matrimonial home. There has been attempt to tamper with the evidence.

Considering the allegation contained in the FIR and other materials reflected from the records, I do not find it a fit case for grant of anticipatory bail. The prayer is accordingly rejected. (Kishore Kumar Mandal, J) HR/- U T