Patna High CourtCR. MISC./29400/2014rejected

Suraj Kumar Singh @ Suraj Singh And ANR. v. The State Of Bihar

2015-01-29Mr. Justice Jitendra Mohan Sharma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No. 29400 of 2014 Arising out of P. S. Case No. - 36 Year - 2013 Thana - ASARGANJ District - MUNGER ======================================================

1. Suraj Kumar Singh @ Suraj Singh

2. Tinku Singh, Both S/o Late Surender Singh, Resident of Village Kamray, P.S. Asarganj, District Munger .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Kumar Kamal Nayan, Advocate For the Opposite Party/s : Mr. Anant Kumar, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 29-01-2015 Heard the parties.

In this application for anticipatory bail the petitioners apprehend their arrest for the offence punishable under Sections 304B/201/34 of the Indian Penal Code.

Allegedly for non-fulfilling the demand of dowry by way of Rs.50,000/- the daughter of the informant was tortured, though out of the wedlock there was a son and daughter and the informant was informed through mobile that his daughter was taken away by the petitioners and Ajay Kumar Singh, the husband on motorcycle and after killing they have thrown the dead body in the river Ganges.

Submission is that there was partition in the family and on the basis of partition dated 10.04.2013, petitioners are living separately. The petitioners have got no concern with the

Patna High Court Cr.Misc. No.29400 of 2014 (4) dt.29-01-2015 family affairs of the daughter of the informant and her husband to which the learned A.P.P. seriously opposes by submitting that the petitioners and the husband took away the daughter of the informant on motorcycle and after killing threw the dead body in the river Ganges.

Considering the allegation attributed against the petitioners serious in nature, this Court is not inclined to grant the privilege of pre-arrest bail to the petitioners and accordingly, their prayer stands rejected in connection with Asarganj P.S. Case No. 36 of 2013 pending before the Court of learned Chief Judicial Magistrate, Munger.

Kundan (Jitendra Mohan Sharma, J.) U T