Patna High CourtCR. MISC./25240/2019dismissed

Guddu Kumar v. The State Of Bihar

2019-07-26Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.25240 of 2019 Arising Out of PS. Case No.-427 Year-2017 Thana- PHULWARISHARIF District- Patna ====================================================== Guddu Kumar, Son of Ravindra Pandit @ Raju, Resident of Village - North Sanghat Kumhartoli, P.O. and P.S.- Phulwarisharif, Distt.- Patna. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Anshuman, Advocate For the Opposite Party/s :

Mr. Anil Kumar, APP For the Informant :

Mr. Rakesh Kumar Jha, Advocate Mr. Navin Kumar, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 26-07-2019 This is an application for grant of anticipatory bail in connection with Phulwari Sharif P.S. Case No. 427 of 2017, disclosing offence under Section 306 of IPC.

Allegation against the petitioner is that earlier petitioner committed rape on the daughter of the informant, due to which, he has also gone to jail after coming out of jail, the petitioner and his other brothers started taunting his daughter and making huge remarks due to which, she felt harassment and she was under pressure and committed suicide by hanging. Submission of the learned counsel for the petitioner is that as a matter of fact, she has not committed suicide, rather the family members has killed her by strangulating and as such, there is finding of asphyxia resulting hanging.

Patna High Court CR. MISC. No.25240 of 2019(5) dt.26-07-2019 2/2 Heard learned A.P.P. as well as learned counsel for the opposite party no.2 also, they have opposed the prayer for anticipatory bail on the ground that there is no material available in the case diary to show that she has been killed, rather the witnesses have supported the prosecution case. Having heard both sides, in view of the allegations, I am not inclined to grant privilege of anticipatory bail to the petitioner. He may surrender before the learned court below and make prayer for regular bail.

With the aforesaid, this application is dismissed. (Vinod Kumar Sinha, J) Sunil Shukla/- U T