Patna High CourtCR. MISC./43661/2015dismissed

Kewala Kant Jha @ Kewal Kant Jha v. The State Of Bihar

2016-01-04Mr. Justice Prabhat Kumar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.43661 of 2015 Arising Out of PS.Case No. -159 Year- 2014 Thana -BAHADURPUR District- DARBHANGA ====================================================== KEWALA KANT JHA @ KEWAL KANT JHA S/o Shri Ramesh Kumar Jha R/o Village- Ughra, P.S.- Bagheri, District- Darbhanga .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Awadhesh Kumar, Adv. For the Opposite Party/s : Mr. Sanjay Kumar Sharma (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 3.

04-01-2016 Heard both sides.

The petitioner apprehends his arrest in Bahadurpur P.S. Case No. 159/2014, registered for the offences punishable under Section 304B and other sections of the Indian Penal Code. The informant filed complaint on 02.06.2014 alleging therein that the petitioner and his family members burnt his daughter to death.

It is submitted that the petitioner filed Sanha on 27.05.2014 itself that his wife committed suicide by burning herself.

It appears that the informant has made very specific allegation against the petitioner that the petitioner was torturing his wife. The informant also filed the petition that he lodged the

Patna High Court Cr.Misc. No.43661 of 2015 (3) dt.04-01-2016 2/2 case on misconception of facts.

Considering the facts aforesaid and nature of allegation made against the petitioner and the fact that petitioner is the husband of the deceased, I am not inclined to enlarge the petitioner on anticipatory bail. Accordingly, the same is rejected. However, the petitioner, if so advised, may surrender before the court below within four weeks from the date of receipt/production of a copy of this order and pray for regular bail and his prayer shall be considered on its own merit without being prejudiced by this order.

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