Nawal Thakur v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.20538 of 2015 Arising out of PS.Case No. -397 Year- 2013 Thana -SHERGHATI District- GAYA ====================================================== Nawal Thakur, Son of Panchu Thakur, resident of Village- Mahabbattapur, P.S.- Sherghati, District- Gaya.

.... .... Petitioner

Versus

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

For the Petitioner : Mr. Sudhir Kumar Sinha, Advocate. For the Opposite Party : Mr. U.L.Verma(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 02-07-2015 The petitioner is apprehending his arrest in connection with Sherghati P.S. Case No. 397 of 2013 for the offence instituted under Section 304(B) of the Indian Penal Code. Heard learned counsel for the petitioner and the State. The prosecution story, in brief, is that the marriage of Lalti Devi, daughter of the informant was solemnized with the petitioner about three years ago. It is further alleged that several times, his son-in-law demanded motorcycle and due to nonfulfilment of the said demand of Motorcycle, he used to assault to his daughter. Three months ago, a male child was born. On 03.09.2013 at about 8.00 A.M. the informant received information by the villagers that his daughter Lalti Devi died. Upon such information, the informant alongwith his family reached at the

Patna High Court Cr.Misc. No.20538 of 2015 (2) dt.02-07-2015 2 / 2 village Mahabattapur and saw his daughter lying dead on the court-yard. The informant raised suspicion that his son-in-law administered poison to his daughter and causing her death. It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent and the petitioner has falsely been implicated in the present case. Further it has been submitted that there is no eye witness to the occurrence. On behalf of the State, it has been submitted that the petitioner is the husband of the deceased and he is named in the F.I.R.

Considering the aforesaid facts, I am not inclined to grant anticipatory bail to the petitioner in connection with Sherghati P.S. Case No. 397 of 2013, pending in the court of the learned S.D.J.M., Sherghati, Gaya. Anyhow, if the petitioner surrenders in the court below and moves for regular bail the same shall be considered on its own merit without being prejudiced by this order of the Court.

.

U.K./- (Sudhir Singh, J) U T