Amresh Jha v. The State Of Bihar

Patna High Court Cr.Misc. No.10953 of 2017 (3) dt.06-04-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.10953 of 2017 Arising Out of PS.Case No. -300 Year- 2016 Thana -HAJIPUR SADAR DistrictVAISHALI(HAJIPUR) ======================================================

1. Amresh Jha, son of Baliram Jha, Resident of Village- Subhai, P.S.- Hajipur Sadar, Disrict- Vaishali. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ajay Kr. Thakur,Adv. Mr. Shashank Shekhar Mr. Pravin Kumar For the Opposite Party/s : Mr. Md. Ansarul Haque A.P.P For the informant : Mr. Satya Prakash Sinha. ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 06-04-2017 Heard learned counsel for the petitioner, learned counsel for the informant and the learned counsel representing the State.

The petitioner apprehends his arrest in connection with Hajipur Sadar P.S Case No. 300/16 registered for the offence punishable under Section 302/34 of the Indian Penal Code. Allegedly, Archna Kumari, the daughter of the informant was married to the petitioner in the year 2012 and after marriage the petitioner and others used to torture her. In spite of all the best efforts made by the informant and others, the petitioner and others did not mend their ways and, ultimately, killed Archna Kumari.

Submission is of false implication and that there is general and omnibus allegation against the petitioner. As per post-

Patna High Court Cr.Misc. No.10953 of 2017 (3) dt.06-04-2017 mortem report deceased died due to electric shock and witnesses have also supported the cause of death due to electric shock vide paras 19, 20 and 21. Other co-accused persons have already been allowed pre-arrest bail and, as such, the petitioner also deserves sympathetic consideration.

Learned A.P.P. opposes the prayer of pre-arrest bail by submitting that the petitioner is the husband and lacerated wound on occipital region caused by hard blunt substance has been found on the person of the deceased and, as such, the petitioner has killed his wife with help of others. In the facts and circumstances stated above, considering that the petitioner is the husband and there is allegation against him and, as such, I am not inclined to grant him privilege of pre-arrest bail to him and accordingly his such prayer stands rejected in connection with Hajipur Sadar P.S. Case No. 300 of 2016 pending in the court of learned C.J.M. Vaishali at Hajipur.

(Jitendra Mohan Sharma, J) sushma/- U