Patna High CourtCR. MISC./11929/2017rejected

Rupesh Kumar v. The State Of Bihar

2017-06-23Mr. Justice Prabhat Kumar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.11929 of 2017 Arising Out of PS.Case No. -43 Year- 2015 Thana -KARJA District- MUZAFFARPUR ====================================================== Rupesh Kumar, son of Late Sita Ram Choudhary resident of Village: Bathna Ram, Police Station: Karja, District - Muzaffarpur. .... .... Petitioner

Versus

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

For the Petitioner : Mr. Hari Mohan Mishra, Advocate.

For the Opposite Party : Mr. Md. Anzarul Haque Sahara, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 23-06-2017 Heard both sides.

The petitioner apprehends his arrest in Karja P.S. Case No. 43 of 2015 registered for the offences punishable under Sections 304(B) and 34 of the Indian Penal Code. The informant alleged that her niece Rita Kumari was married to the petitioner in the year 2011 but the petitioner and other family members of the petitioner began to demand additional dowry and thereafter, due to non-fulfillment of dowry Rita Kumari was killed and her dead body was hurriedly cremated. Learned counsel for the petitioner submits that the petitioner is, of course, husband of the deceased but in paragraph - 8 of the case diary the independent witness has stated that the brother of the deceased participated in cremation of the deceased.

Patna High Court Cr.Misc. No.11929 of 2017 (5) dt.23-06-2017 2/2 It appears from perusal of the case diary that the informant and other witnesses have very categorically stated that the petitioner was demanding dowry and wife of the petitioner was killed. The petitioner and others hurriedly cremated the dead body without informing about the death of Rita Kumari to her parents. Considering the facts aforesaid and the fact that the petitioner is husband of Rita Kumari, I am not inclined to enlarge the petitioner above named on anticipatory bail. Accordingly, the same is rejected.

(Prabhat Kumar Jha, J.) KKSINHA/- U T