Patna High CourtCR. MISC./37625/2014dismissed

Sanjay Kumar v. The State Of Bihar

2015-03-19Mr. Justice Prabhat Kumar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.37625 of 2014 Arising Out of PS.Case No. -248 Year- 2013 Thana -SULTANGANJ District- PATNA ======================================================

1. Sanjay Kumar Son of Late Ram Bilas Rai, Resident of Tekari Road, P.S.- Sultanganj, District- Patna .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Sanjeet Kumar For the Opposite Party/s : Mr. Ram Chandra Sahni(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 19-03-2015 Heard both sides.

The petitioner apprehends arrest in a case under sections 498-A and 302 of the Indian Penal Code. The brother of deceased Seema Kumari disclosed that his sister was married with petitioner Sanjay Kumar about ten years ago but after marriage her husband and in-laws continued to torture her. The informant got information on 1.11.2013 that his sister died.

Learned counsel for the petitioner submits that petitioner is the husband of the deceased but the petitioner was not present in his house at the time of occurrence. He was on duty far from the place of occurrence. After ten years of marriage Seema Kumari committed suicide. Even family members of Seema

Patna High Court Cr.Misc. No.37625 of 2014 (3) dt.19-03-2015 Kumari filed petition that Seema Kumari herself committed suicide.

It appears that petitioner is the husband and his wife committed suicide at about 11.00 during the day time. Legature mark was found on her dead body.

Considering the fact that the wife of the petitioner committed suicide, I am not inclined to grant anticipatory bail to the petitioner. Accordingly, his prayer for grant of anticipatory bail in connection with Sultanganj P.S. Case No. 248 of 2013, G.R. No. 3258 of 2013 pending in the court of the learned Additional Chief Judicial Magistrate, Patna City is hereby rejected.

(Prabhat Kumar Jha, J) Amin/- U