Musafir Chauhan v. The State Of Bihar

Patna High Court Cr.Misc. No.42578 of 2015 (2) dt.08-10-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.42578 of 2015 Arising Out of PS.Case No. -72 Year- 2015 Thana -NAWADA District- NAWADA ====================================================== MUSAFIR CHAUHAN, AGED ABOUT 55 YEARS, RESIDENT OF VILLAGE MANGURA, P.S NAWADA, DISTRICT NAWADA. .... .... PETITIONER/S

VERSUS

THE STATE OF BIHAR .... .... OPPOSITE PARTY/S ====================================================== Appearance :

For the Petitioner/s : Mr. Anuj Kumar For the Opposite Party/s : Mr. Mukesh Kumar Singh(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 08-10-2015 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner apprehends his arrest in connection with Nawada Town P.S. Case No. 72 of 2015 registered under Sections 304(B) and 201/34 of the Indian Penal Code and Sections 3⁄4 of the Dowry Prohibition Act pending in the court of Sessions Judge, Nawada.

The accusation is of killing of Sunita Devi, daughter of informant, by her husband and in-laws due to non-fulfillment of demand of dowry.

Learned counsel for the petitioner submits that petitioner being the father-in-law of the deceased has falsely been implicated in this case. It is further submitted that it would appear

Patna High Court Cr.Misc. No.42578 of 2015 (2) dt.08-10-2015 from the complaint petition that the occurrence had taken place on 25.01.2015 but the complaint petition which is the basis of FIRhas been filed on 30.01.2015 after five days of occurrence. It is further submitted that, in fact, deceased died due to suffering from cold and the dead body of Sunita Devi, was disposed of in presence of informant.

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, the prayer of the petitioner 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