Patna High CourtCR. MISC./2346/2017rejected

Ajeet Kumar Gupta @ Ajeet Kumar v. The State Of Bihar

2017-02-28Mr. Justice Rajendra Kumar Mishra2 pages

Patna High Court Cr.Misc. No.2346 of 2017 (3) dt.28-02-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.2346 of 2017 Arising Out of PS.Case No. -38 Year- 2016 Thana -DARPA DistrictEASTCHAMPARAN(MOTIHARI) ====================================================== Ajeet Kumar Gupta @ Ajeet Kumar, Son of Late Nagendra Prasad, Resident of Village-Narkatiya Bazar, Police Station-Darpa, District-East Champaran at Motihari .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ravi Shanker Pankaj, Advocate. For the Opposite Party/s : Mr. Smt. Sharda Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 28-02-2017 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner apprehends his arrest in connection with Darpa P.S. Case No. 38 of 2016, registered under Sections 304(B) of the Indian Penal Code.

Regarding death of Sangeeta Devi, wife of petitioner, due to burn injury, within one year of her marriage, Darpa P.S. Case No. 38 of 2016 was instituted, under Section 304(B) of the Indian Penal Code, on the basis of Fardbeyan of Choukidar, against the petitioner, husband of the deceased. Learned counsel for the petitioner submits it would appear from the F.I.R. that there is no allegation of torturing to the deceased by her husband (petitioner) and other in-laws. Further

Patna High Court Cr.Misc. No.2346 of 2017 (3) dt.28-02-2017 submission is that deceased was not happy with her marriage with this petitioner due to that reason, she committed suicide. Having considered the facts and circumstances of the case and the nature of allegation against the petitioner, I am not inclined to grant anticipatory bail to the petitioner. Accordingly, his prayer for grant of anticipatory bail stands rejected. The petitioner is directed to surrender before the trial court within four weeks and pray for regular bail, which would be considered by the trial court in accordance with law without being prejudiced by the order of this Court.

(Rajendra Kumar Mishra, J) Bhardwaj/- U T