Rakesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.29973 of 2014 Arising Out of PS.Case No. -101 Year- 2013 Thana -BIDUPUR District- VAISHALI(HAJIPUR) ======================================================

1. Rakesh Kumar Son of Pradeep Rai, Resident of Village - Gopalpur, P.S.- Bidupur, Dist.-Vaishli (Hajipur) .... .... Petitioner

Versus

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

For the Petitioner : Mr. Rashid Izhar For the Opposite Party : Mr. Md.Ataur Rahman(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE KISHORE KUMAR MANDAL ORAL ORDER 23-07-2015 Heard .

Petitioner is the husband of the deceased seeking anticipatory in Bidupur P.S. case no. 101 of 2013, registered under Sections, 304B, 201/34 of the IPC.

The brother of the deceased lodged the case alleging that within one year of marriage his sister was tortured on account of non fulfillment of dowry and ultimately done to death in suspicious circumstance while she was in the matrimonial home.The further allegation is that the dead body was consigned stealthily in the river.

It appears from the impugned order that the petitioner took the plea that she died unnatural death as she was suffering from diarrhoea and vomiting.

Patna High Court Cr.Misc. No.29973 of 2014 (9) dt.23-07-2015 2/2 Considering the seriousness of the allegation and the fact that the deceased was done to death within one year of marriage as also the fact evidencing from the impugned order, I am not inclined to privilege the petitioner with anticipatory bail. Prayer is rejected.

Petitioner may surrender and pray for regular bail before the learned Court below. In that event the learned Court below shall consider and dispose of the same on its own merit and pass appropriate order uninfluenced by the present order (Kishore Kumar Mandal, J) Shyam/- U T