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Patna High CourtCR. MISC./39230/2015dismissed

Satyendra Chaudhary @ Sipahi Chaudhary @ Satendra Chaudhary v. The State Of Bihar

2015-12-01Mr. Justice Prabhat Kumar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.39230 of 2015 Arising Out of PS.Case No. -13 Year- 2015 Thana -CHUTIA SAHAYAK District- SASARAM (ROHTAS) ======================================================

1. Satyendra Chaudhary @ Sipahi Chaudhary @ Satendra Chaudhary, S/o Ramchandar Chaudhary, resident of Village- Madhukupiya, P.S.- Chutiya, District- Rohtas.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Bhaskar Shankar, Adv. For the Opposite Party/s : Mr. Ram Bachan Singh (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 01-12-2015 Heard both sides.

The petitioner apprehends his arrest in Chutiya P.S. Case No. 13/2015, registered for the offences punishable under Section 302 of the Indian Penal Code.

The father of the deceased made allegation that his daughter was married with the petitioner 17-18 years ago. He got information from the brother of his son-in-law that his daughter committed suicide by hanging herself.

Learned counsel for the petitioner submits that informant is not the eye-witness of the occurrence. There is no evidence to show that the petitioner was ever subjecting his wife to torture. The son of the deceased and the petitioner stated that some

Patna High Court Cr.Misc. No.39230 of 2015 (4) dt.01-12-2015 2/2 altercation took place between the husband and wife. The petitioner went outside his home thereafter, his wife committed suicide.

Having considered the fact that the petitioner picked up the quarrel with his wife and consequently, his wife committed suicide by hanging herself, 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 and shall dispose of the regular bail petition preferably on the same day.

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