Patna High CourtCR. MISC./1159/2017dismissed

Ojir Ram @ Vajir Ram v. The State Of Bihar

2017-01-16Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.1159 of 2017 Arising Out of PS.Case No. -235 Year- 2015 Thana -SIKARPUR DistrictWESTCHAMPARAN(BETTIAH) ======================================================

1. Ojir Ram @ Vajir Ram Son of Jawahir Ram, R/o Village-Semra, P.S.- Shikarpur, District-West Champaran .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Bimlesh Kumar Pandey, Advocate For the Opposite Party/s : Mr. Chandrasen Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 16-01-2017 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is apprehending his arrest in Shikarpur P.S. case No.235 of 2015 registered under Sections 304(B) and 201/34 of the Indian Penal Code, pending before the court of C.J.M., West Champaran, Bettiah.

Allegation is that the accused persons including the petitioner killed the daughter of the informant due to nonfulfilment of dowry. It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. The petitioner has falsely been implicated in the present case. There is

Patna High Court Cr.Misc. No.1159 of 2017 (2) dt.16-01-2017 2/2 no eye witness to the alleged occurrence. The deceased is said to have died due to illness. The F.I.R. has been instituted after five days of the occurrence.

On behalf of the State, it is submitted that the petitioner is named in the F.I.R. He is the husband of the deceased. The onus is upon him to explain the cause of death of the deceased. Considering the aforesaid facts and circumstances, I am not inclined to extend the privilege of anticipatory bail to the petitioner. Prayer for anticipatory bail is rejected. Anyhow if the petitioner surrenders in the court below within a period of six weeks from today, the same shall be considered on its own merit without being prejudiced by this order.

(Sudhir Singh, J) Narendra/- U T