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Patna High CourtCR. MISC./30733/2014rejected

Asgar Mian v. The State Of Bihar

2015-01-22Mr. Justice Jitendra Mohan Sharma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.30733 of 2014 Arising Out of PS.Case No. -166 Year- 2011 Thana -KESARIA DistrictEASTCHAMPARAN(MOTIHARI) ======================================================

1. Asgar Mian Son of Late Sakur Mian, Resident of Village :- Dilawarpur Naraynpur Tola, P.S. Kesariya, Dist.- East Champaran .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Manoj Kumar Singh For the Opposite Party/s : Mr. Sanjay Kumar Tiwary(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 22-01-2015 Heard the parties.

In this application for anticipatory bail the petitioner apprehends his arrest for the offence punishable under sections 304 (B)/34 of the I.P.C.

The daughter of the informant was married with the petitioner and just after the marriage he started assaulting the daughter of the informant for dowry and ultimately she was done to death and her dead body was thrown in the canal. Submission is of false allegation and further that unfortunately she slipped and fell down in the canal and taking advantage of the situation the informant has lodged this false case, to which the learned A.P.P. seriously opposes.

Patna High Court Cr.Misc. No.30733 of 2014 (2) dt.22-01-2015 2/2 Considering that the petitioner is husband and the deceased died within five years of her marriage and there is allegation of demanding dowry and as such finding it not a fit case for granting pre-arrest bail, the prayer for pre-arrest bail of the petitioner is rejected in connection with Kesariya P.S. Case No. 166 of 2011/ Tr. No. 4832 of 2013 pending in the Court of Sri R.K. Bharati, J.M. Ist Class, Motihari, East Champaran. (Jitendra Mohan Sharma, J) Abhay/- U T